Chaffee v. . Cattaraugus County Mutual Insurance Company
New York Court of Appeals
Appeal from the Supreme Court. The action was on a policy of insurance, issued by the defendants to the plaintiffs. The subject of insurance was described in the body of the policy as follows : “ On their store in the village of Gro wanda,:...... $000 “ On their goods, wares and merchandise therein,.. 1,400 “$2,000 “ Reference being had to the application of the said Amasa S. and others for a more particular description, and forming a part of this policy The application was…
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Appeal from the Supreme Court. The action was on a policy of insurance, issued by the defendants to the plaintiffs. The subject of insurance was described in the body of the policy as follows : “ On their store in the village of Gro wanda,:...... $000 “ On their goods, wares and merchandise therein,.. 1,400 “$2,000 “ Reference being had to the application of the said Amasa S. and others for a more particular description, and forming a part of this policy The application was signed by the insured. It was a printed form, filled up by the agent of the company, who assumed to be surveyor. In the…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The application of the insured, in this case, was, by the express terms of the policy, to enter into and form part of it. Its provisions, therefore, must be deemed part of the policy itself, so far as any question may arise out of them. (Murdock v. Chenango Mutual Insurance Company, 2 Comst., 210; Egan v. Mutual Insurance Company of Albany, 5 Denio, 326;Jennings v. Chenango Mutual Insurance Company, 2 id., 75;Burritt v. Saratoga County Mutual Fire Insurance…
2Cases cited2 opinions
- Farmers' Insurance & Loan Co. v. SnyderCourt for the Trial of Impeachments and Correction of Errors · 1836
- Egan v. Mutual InsuranceNew York Supreme Court · 1848
3Cited by16 opinions
- Rohrbach v. . Germania Fire Ins. Co.New York Court of Appeals · 1875
- Ayres v. Hartford Fire InsuranceSupreme Court of Iowa · 1864
- Foot v. Ætna Life Insurance Co. of HartfordNew York Court of Appeals · 1875
- Merrill v. . Agricultural Ins. Co.New York Court of Appeals · 1878
- Ainger v. Michigan General Corp.District Court, S.D. New York · 1979
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