Townsend v. . Northwestern Insurance Company
New York Court of Appeals
Appeal from the Supreme Court, Action upon a policy of insurance against fire on a cotton factory and its machinery. Upon the trial, before Mr. Justice Brown and a jury, at the Orange Circuit, it appeared that the plaintiffs’ application for insurance was .accompanied by a survey, in the form of questions propounded by the defendant and answered by the plaintiffs; one of these was: “Is there a good forcing pump in the factory, designed expressly for protection against fires,…
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Appeal from the Supreme Court, Action upon a policy of insurance against fire on a cotton factory and its machinery. Upon the trial, before Mr. Justice Brown and a jury, at the Orange Circuit, it appeared that the plaintiffs’ application for insurance was .accompanied by a survey, in the form of questions propounded by the defendant and answered by the plaintiffs; one of these was: “Is there a good forcing pump in the factory, designed expressly for protection against fires, and at all times in condition for use?” This was answered in the affirmative, and the pump was described as situated by…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The plaintiffs, in their application for insurance, represented their works to be in good condition and their machinery in good repair. Upon the trial, evidence was given tending to show, and perhaps showing, that this was a misrepresentation. Upon this ground the judge was asked to nonsuit the plaintiffs. This he declined to do; but he charged the jury that if, at the time the representations were made, the plaintiffs knew that the works were not in good…
2Cited by6 opinions
- Mickey v. Burlington Ins.Supreme Court of Iowa · 1872
- McCluer v. Girard Fire & Marine Ins.Supreme Court of Iowa · 1876
- McEvoy v. Security Fire InsuranceCourt of Appeals of Maryland · 1909
- Julius Kayser & Co. v. Textron, IncorporatedCourt of Appeals for the Fourth Circuit · 1956
- Le Roy v. . the Park Fire Insurance Co.New York Court of Appeals · 1868
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