Boynton v. Clinton & Essex Mutual Insurance
New York Supreme Court
This was an action to recover for the loss of property insured by the defendants. On the first day of March, 1845, Southwick, Cannon and Warren, sold a lot in the village of Plattsburgh, on which was a building divided into two stores, to the plaintiff Boynton, for $1600, and took from him a bond and mortgage for the purchase money, payable in eight annual installments.
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This was an action to recover for the loss of property insured by the defendants. On the first day of March, 1845, Southwick, Cannon and Warren, sold a lot in the village of Plattsburgh, on which was a building divided into two stores, to the plaintiff Boynton, for $1600, and took from him a bond and mortgage for the purchase money, payable in eight annual installments. The principal value was then supposed to consist of the building, which was proved to be worth $2500 or $3000 at the time of the fire. Boynton agreed to obtain an insurance; and on the first of May, 1845, the defendants…
1Opinion of the CourtHand, J.
No point has been made, that the preliminary proofs were insufficient. Had that objection been raised I think it was waived by the defendants putting their refusal to pay upon other grounds. (Ætna Ins. Co. v. Tyler, 16 Wend. 385. Francis v. Ocean Ins. Co., 6 Cowen, 404. O’Niel v. Buffalo Ins. Co., 3 Comst. 122.)
The assignment of the policy to Southwick, Cannon and Warren, was made with the consent of the company. After that, Boynton could do no act to affect the rights of the assignees, without their privity. (Traders’ Ins. Co. v. Robert, 9 Wend. 404; S. C., 17 Id. 631. Tillou v. The Kingston…
2Cases cited9 opinions
- Ætna Fire Insurance v. TylerCourt for the Trial of Impeachments and Correction of Errors · 1836
- Frost v. Saratoga Mutual InsuranceNew York Supreme Court · 1848
- Phillips v. StevensMassachusetts Supreme Judicial Court · 1819
- Traders' Insurance v. RobertNew York Supreme Court · 1832
- Harpending v. Minister, Elders, & Deacons of the Reformed Protestant Dutch ChurchSupreme Court of the United States · 1842
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3Cited by9 opinions
- Winne v. . Niagara Fire Ins. Co.New York Court of Appeals · 1883
- McCluer v. Girard Fire & Marine Ins.Supreme Court of Iowa · 1876
- McManus v. Western Assurance Co.New York Supreme Court · 1898
- Michael v. St. Louis Mutual Fire InsuranceMissouri Court of Appeals · 1885
- McManus v. Western Assurance Co. of TorontoAppellate Division of the Supreme Court of the State of New York · 1899
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