Jennings v. Chenango Mutual Insurance
New York Supreme Court
Assumpsit on a policy of insurance tried at the Cortland circuit, before Moseley, late C. Judge, in March, 1844. The plaintiff produced and proved a policy, dated June 25th, 1840, by which the defendants insured the sum of $1334 on the plaintiff’s grist mill in Virgil, against loss or damage by fire, for five years.
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Assumpsit on a policy of insurance tried at the Cortland circuit, before Moseley, late C. Judge, in March, 1844. The plaintiff produced and proved a policy, dated June 25th, 1840, by which the defendants insured the sum of $1334 on the plaintiff’s grist mill in Virgil, against loss or damage by fire, for five years. After the statement of the premium and of the premises insured, the policy proceeded thus: “ Reference being had to the application of the said Harry Jennings for a more particular description, and the conditions annexed, as forming a part of this policy” &c. The paper annexed…
1Opinion of the Court
By the Court, Jewett, J.
The first question made on the
argument was whether it was competent for the plaintiff to prove that at the time the application was made for this policy, the agent for the defendants was informed that there was a turning lathe and work bench in the mill. On the trial-such evidence was admitted, though objected to in behalf of the defendants. The ground of the objection is that the evidence offered was to contradict the written contract between the parties, and it is insisted that parol evidence for such purpose could not be admitted. On the other hand it is argued,…
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