Inman v. Western Fire Insurance
New York Supreme Court
Question on a policy of insurance against fire. The plaintiff declared in covenant on a policy of insurance, dated 27th January, 1827, whereby the defendants, in consideration of $20, insured the plaintiff against loss or damage by fire, to " the amount of $2000, on a two story wood building occupied as a carding and cloth dressing establishment, situate in the town of Victor, and on the machinery in the same building, for the space of one year from the day of the date of…
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Question on a policy of insurance against fire. The plaintiff declared in covenant on a policy of insurance, dated 27th January, 1827, whereby the defendants, in consideration of $20, insured the plaintiff against loss or damage by fire, to " the amount of $2000, on a two story wood building occupied as a carding and cloth dressing establishment, situate in the town of Victor, and on the machinery in the same building, for the space of one year from the day of the date of the policy. The declaration contained two counts; in the first, the plaintiff set forth tha substance of the provisions…
1Opinion of the Court
By the Court,
Sutherland, J.
It is well settled that the proposals and conditions annexed to a policy of insurance form a part of the contract between the parties, and have the *456same legal force and' effect as though they were in form incorporated in the body of the policy. Routledge v. Burrell and another, 1 H. Black. 254. Wood v. Worsley, 2 id. 574, and Oldman v. Bewicke, reported in note to the last case, page 577: and Worsley v. Wood, being the same case in error, 6 T. R. 710. Duncan v. Sun Fire Insurance Company, 6 Wendell, 488. 2 Coudy’s Marsh. 811. The doctrine is not denied, but is…
2Cases cited4 opinions
- President of the Bank of Columbia v. HagnerSupreme Court of the United States · 1828
- Hepburn & Dundas v. AuldSupreme Court of the United States · 1809
- Duncan v. Sun Fire InsuranceNew York Supreme Court · 1831
- Cornell v. Le RoyNew York Supreme Court · 1832
3Cited by33 opinions
- Quinlan v. Providence Washington InsuranceNew York Court of Appeals · 1892
- New York Central Insurance v. National Protection InsuranceNew York Supreme Court · 1854
- Post & Dowding v. Ætna InsuranceNew York Supreme Court · 1864
- Solomon v. . Continental Fire Ins. Co.New York Court of Appeals · 1899
- Saint Louis Insurance v. KyleSupreme Court of Missouri · 1848
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