Viall v. Genesee Mutual Insurance
New York Supreme Court
THIS was an appeal from a judgment entered upon the report of a referee. The action was upon a policy of insurance, bearing date the 9th of October, 1850, and executed by the defendants, whereby they agreed to insure the plaintiff, to the amount of $3000, on movable machinery contained in a mill described in the application of the plaintiff for insurance, for one year, commencing on the 28th of September.
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THIS was an appeal from a judgment entered upon the report of a referee. The action was upon a policy of insurance, bearing date the 9th of October, 1850, and executed by the defendants, whereby they agreed to insure the plaintiff, to the amount of $3000, on movable machinery contained in a mill described in the application of the plaintiff for insurance, for one year, commencing on the 28th of September. In the application referred to, the mill was described as being used for a cotton factory, when in operation, and it was stated that insurance was asked on the machinery only while the mill…
1Opinion of the Court
By the Court,
Harris, J.
The referee held that the defendants, when, with knowledge of the facts upon which they now rely as a defense, they collected and received the assessment upon the premium note, waived the forfeiture of the policy, if any had occurred, and affirmed the contract. In this view I concur. The premium note was a part of the contract. If by reason of the use which had been made of the building in which the insured property was situated, the policy had become void, the note also was void. The forfeiture, if any, occurred immediately after the insurance was effected. And yet, on…
2Cases cited1 opinion
- Frost v. Saratoga Mutual InsuranceNew York Supreme Court · 1848
3Cited by10 opinions
- Viele v. Germania InsuranceSupreme Court of Iowa · 1868
- Masonic Mutual Benefit Ass'n v. BeckIndiana Supreme Court · 1881
- Walsh v. Ætna Life InsuranceSupreme Court of Iowa · 1870
- Diehl v. the Adams County Mutual InsuranceSupreme Court of Pennsylvania · 1868
- Carroll v. Charter Oak InsuranceNew York Supreme Court · 1862
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