Snyder v. Farmers' Insurance & Loan Co.
New York Supreme Court
This was an action on a policy of insurance against fire, tried at the Ulster circuit in October, 1832, before the Hon. Charles H. Tuggles, one of the circuit judges. The plaintiff was insured $4000 on his stock of merchandise contained “ in the stone building with shingle roof, occupied by himself and others, situated at, &c. more particularly described inapplicationandsurvey furnished by himself, filed No. 928, in this office,” i. e. the office of the defendants.
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This was an action on a policy of insurance against fire, tried at the Ulster circuit in October, 1832, before the Hon. Charles H. Tuggles, one of the circuit judges. The plaintiff was insured $4000 on his stock of merchandise contained “ in the stone building with shingle roof, occupied by himself and others, situated at, &c. more particularly described inapplicationandsurvey furnished by himself, filed No. 928, in this office,” i. e. the office of the defendants. The property was insured for one year, and within the term the building mentioned in the policy, with its contents of merchandise…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The only question in this case is, whether the survey furnished by the plaintiff is to have the effect of a warranty, or of a representation. This question must be considered as settled on authority in this court. It arose and was decided in The Jefferson Ins. Co. v. Cotheal, 7 Wendell, 72. That was an action upon a policy for $5000,on a steam saw-mill, built of wood, situate on the river Nantikoke, nearVienna,inthe state of Maryland, as describedinreport No. 193. In the application for insurance, it was described as 130 *94^eet ^on8' by 20 broad. It was in fact 132…
2Cases cited2 opinions
- Jefferson Insurance v. H. & D. Cotheal.New York Supreme Court · 1831
- Delonguemare v. Tradesmen's InsuranceThe Superior Court of New York City · 1829
3Cited by13 opinions
- Campbell v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1867
- Jennings v. Chenango Mutual InsuranceNew York Supreme Court · 1846
- Miller v. Mutual Benefit Life InsuranceSupreme Court of Iowa · 1871
- Clark v. President of the Manufacturers' InsuranceSupreme Court of the United States · 1850
- Spence v. Central Accident InsuranceIllinois Supreme Court · 1908
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