Throop v. North American Fire Insurance
Michigan Supreme Court
Error to Lenawee Circuit. This was an action of assumpsit upon a policy of insurance. Tire declaration purports to set out the contract according to its legal effect, and one of its averments is in the words following: “And it was further provided that if said policy was made and issued upon or referred to an application, survey, plan or description of the property therein insured, sucli application, survey, plan or description, should be considered a part of said contract…
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Error to Lenawee Circuit. This was an action of assumpsit upon a policy of insurance. Tire declaration purports to set out the contract according to its legal effect, and one of its averments is in the words following: “And it was further provided that if said policy was made and issued upon or referred to an application, survey, plan or description of the property therein insured, sucli application, survey, plan or description, should be considered a part of said contract and a warranty by the assured.” Upon the trial the plaintiff called Francis M. Bassett, who testified that he was engaged…
1Opinion of the Court
G-rayes J.
Throop prosecuted the defendants in error to recover for a loss he claimed to have suffered under a policy issued to *436him. by the company. The declaration was in assumpsit and the plea was the general issue in the common law form.
Upon a trial before a jury, the plaintiff having given evidence with a view to show that the company had issuéd to him a policy as alleged in the declaration, and that it had been destroyed by fire, proceeded to prove by a witness by the name of Bassett the contents of the policy.
This witness having testified that he had been familiar with the blank policies…
2Cases cited13 opinions
- Jennings v. Chenango Mutual InsuranceNew York Supreme Court · 1846
- Ripley v. . the &198tna Ins. Co.New York Court of Appeals · 1864
- Glendale Woolen Co. v. Protection Insurance Co.Supreme Court of Connecticut · 1851
- Kerstetter v. RaymondIndiana Supreme Court · 1858
- Duncan v. Sun Fire InsuranceNew York Supreme Court · 1831
8 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- State v. RandolphNevada Supreme Court · 1926
- Smith v. Supreme CouncilAppellate Division of the Supreme Court of the State of New York · 1904
- Macatawa Transportation Co. v. Firemen's Fund InsuranceMichigan Supreme Court · 1914