Wall v. Howard Insurance
New York Supreme Court
This action was brought on a policy of insurance dated September 6th, 1843, for four months, upon the plaintiffs’ stock as rope manufacturers, contained in a brick building with tin roof, forty-two feet from their rope walk, at Bushwick.
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This action was brought on a policy of insurance dated September 6th, 1843, for four months, upon the plaintiffs’ stock as rope manufacturers, contained in a brick building with tin roof, forty-two feet from their rope walk, at Bushwick. The conditions of the policy required applications for insurance on property out of the city to be made in writing, and to specify the construction and materials, by whom occupied, lohether as a private dwelling or how otherwise, and whether any manufactory was carried on within or about it. The application in this case was made in writing by the plaintiffs’…
1Opinion of the Court
By the Court, Mitchell, J.
These principles of law are established by the numerous authorities quoted on the argument of this cause and by other acknowledged rules of evidence. That no mere representation made by the insured is a warranty: to constitute a warranty, it must be contained in the policy, or, if contained in another instrument, it must be made part of the policy, by the agreement contained in the policy. Thus the proposals and conditions usually annexed to the printed policy are by its express terms to be used and resorted to to explain the rights of the parties, and a compliance…
2Cited by18 opinions
- Harper v. . the Albany Mutual Insurance CompanyNew York Court of Appeals · 1858
- Thomas v. Fame InsuranceIllinois Supreme Court · 1883
- Armour v. Transatlantic Fire Insurance Co. of Hamburg, GermanyNew York Court of Appeals · 1882
- Mutual Life Insurance v. WagerNew York Supreme Court · 1858
- Phœnix Insurance v. TaylorSupreme Court of Minnesota · 1861
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