Steward v. Phœnix Fire Insurance
New York Supreme Court
Appeal by defendant from a judgment entered on the verdict of a jury, in an action brought upon a policy of insurance issued by the defendant to the plaintiff. The question raised on this appeal related to the exclusion by the court of a survey of the insured property. The court erred in excluding the survey.
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Appeal by defendant from a judgment entered on the verdict of a jury, in an action brought upon a policy of insurance issued by the defendant to the plaintiff. The question raised on this appeal related to the exclusion by the court of a survey of the insured property. The court erred in excluding the survey. Commonly, all that is done is to transcribe a few. words of the description, such as the kind of building, name of place, sort of business carried on, and then to refer to the survey, as on file at a specified office, by its number. (Le Boy v. Mer-cha/nts’ Insurance Go., 39 N. Y., 90; S.…
1Opinion of the Court
DaNiels, J.:
The verdict on which the judgment appealed from was entered, was directed by the court for the sum unpaid on a policy of insurance issued by the defendant to the plaintiff on his flouring mill, situated at Mackford, in Marquette county, Wisconsin. It appears that the plaintiff applied for insurance in the People’s Insurance Company of New York, and for that purpose a survey was presented to and filed with that company. It did not issue the insurance applied for, itself, but took $2,000 of the amount and procured a policy for the same amount from the defendant, and another for a…
2Cases cited3 opinions
- Clinton v. . the Hope Insurance CompanyNew York Court of Appeals · 1871
- Le Roy v. . the Market Fire Ins. Co.New York Court of Appeals · 1868
- Le Roy v. . the Market Fire Ins. Co.New York Court of Appeals · 1871