Le Roy v. . the Market Fire Ins. Co.
New York Court of Appeals
Appeal from judgment of General Term of the second district, affirming judgment in favor of the plaintiffs. The action was brought to recover on a policy of insurance issued by the defendant to the plaintiffs, for two thousand dollars. The defendant alleges in the answer, that certain representations were made by the plaintiffs, to induce the defendant to enter into the contract, which were false, whereby the risk was increased, and the policy thereby avoided.
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Appeal from judgment of General Term of the second district, affirming judgment in favor of the plaintiffs. The action was brought to recover on a policy of insurance issued by the defendant to the plaintiffs, for two thousand dollars. The defendant alleges in the answer, that certain representations were made by the plaintiffs, to induce the defendant to enter into the contract, which were false, whereby the risk was increased, and the policy thereby avoided. The cause was tried at the Dutchess County Cir cuit, and it appeared upon the trial, that, on the 5th day of June, 1861, the plaintiff…
1Opinion of the Court
Pee Curiam.
This case is distinguished from Le Roy v. The Park Insurance Company in this, that by one of the conditions of the policy in this case, the representations contained in the survey referred to in the policy, are made part of the policy, and are declared to be warranties. This must be deemed assented to by the plaintiff, when he accepted the policy, and it is therefore the contract between the parties. If these representations are warranties, it was error to submit to the jury the question, whether the particulars, in which, at the time when this policy was made, the premises did not…
2Cited by6 opinions
- Chrisman v. State InsuranceOregon Supreme Court · 1888
- Boehm v. Commercial Alliance Life InsuranceNew York Supreme Court · 1894
- Haight v. KimbarkSupreme Court of Iowa · 1879
- Le Roy v. . the Market Fire Ins. Co.New York Court of Appeals · 1871
- Allen v. WalshDistrict Court, S.D. New York · 2025
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