Fowler v. Ætna Fire Insurance
New York Supreme Court
This was an action of assumpsit, on a policy of insurance against fire, tried at the New-York circuit in October, 1829, before the Hori. Ogden Edwards, one of the circuit judges.
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This was an action of assumpsit, on a policy of insurance against fire, tried at the New-York circuit in October, 1829, before the Hori. Ogden Edwards, one of the circuit judges. The policy was dated the 18th October, 1825, and insured the plaintiffs against loss or damage by fire to the amount of $3000 on their "stock in trade, consisting of boots, shoes and materials for manufacturing the same, contained “ in a two story frame house, filled in with brick, situate No. 152 Chatham street,” in the city of New-York, for one year from the day of the date of the policy. Within the year the house…
1Opinion of the Court
By the Court,
Sutherland, J.
Two new trials have already been granted in this case; this is the third verdict which the plaintiffs have had in their favor. When the case first came before us, in 6 Cowen, 673, we held that the description in the policy of the house which contained the goods insured, as a frame house filled in with brick, amounted to a warranty that it was a house answering that description, and that the plaintiffs could not recover, unless the proof strictly sustained the warranty. The well established principle in marine insurance, that a warranty is in the nature of a…
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- Bell's Administratrix v. GoldingIndiana Supreme Court · 1866
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