Conover v. . Insurance Company
New York Court of Appeals
On error from the Supreme Court,- where an action was brought by Conover against the Mutual Insurance Company of the city and county of Albany, upon a policy of insurance. On the trial, Conover had a verdict for the amount of the loss in question, on which the Supreme Court rendered judgment in his favor. For the facts, so far as material, see the report of the case in the Supreme Court, (3 Denio 254,) and- the opinion of Johnson, J.
1Opinion of the Court
Whether there was a variance between the declaration and proof is not material to enquire, as it was at most only such an one as the Circuit Judge might properly disregard on the trial, and upon which no bill of exceptions will lie. (Herk. Ins. Co. vs. Mann, 4 Hill 187; Mappa vs.Pearce, 15 Wend. 669.)
The more material inquiry in this case is whether the consent to the assignment by the Secretary, Joice, to enable the plaintiff to procure a loan by a mortgage upon the insured property, was binding upon the company. For if that is not so, there is an end to this suit. The facts are briefly that…
2Cited by16 opinions
- Griffey v. New York Central InsuranceNew York Court of Appeals · 1885
- Hastings v. Brooklyn Life InsuranceNew York Court of Appeals · 1893
- Mutual Reserve Fund Life Ass'n v. Cleveland Woolen MillsCourt of Appeals for the Sixth Circuit · 1897
- Feldman v. Urban Commercial, Inc.New Jersey Superior Court Appellate Division · 1960
- American Artistic Gold Stamping Co. v. Glens Falls InsNew York Court of Common Pleas · 1892
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