Carroll v. Charter Oak Insurance
New York Supreme Court
THIS was an action upon a policy of insurance. The cause was twice-tried: on the first trial the judge nonsuited the plaintiff; the nonsuit was set aside and a new trial granted by the general term.
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THIS was an action upon a policy of insurance. The cause was twice-tried: on the first trial the judge nonsuited the plaintiff; the nonsuit was set aside and a new trial granted by the general term. (See S. G. 38 Barb. 402.) On the last trial at the April circuit, 1863, the plaintiff proved the issuing of the policy for $1000 to Burns and Hughes, November 6, 1858; the assignment of that policy with the consent of the defendant to Burns and Vance, November 29, 1858; the renewal for another year, November 6, 1859; a total loss by fire, December 10, 1859, and an assignment by Burns and Vance of…
1Opinion of the Court
By the Court, James C. Smith, J.
The defendants insist that the evidence offered by the plaintiff to obviate the objection to his right to recover on account of the existence of the other insurances not mentioned in or indorsed upon the policy, was improperly admitted; and particularly, that it was inadmissible in -view of the provisions in the policy that the company would not be bound by any statement not referred to or contained in the policy, and that no condition of the policy could be waived, except in writing signed by the secretary. The questions thus raised were discussed and decided…
2Cases cited2 opinions
- Carroll v. Charter Oak InsuranceNew York Supreme Court · 1862
- Dey v. Poughkeepsie Mutual InsuranceNew York Supreme Court · 1857
3Cited by9 opinions
- Grabbs v. Farmers' Mutual Fire InsuranceSupreme Court of North Carolina · 1899
- Continental Insurance v. RuckmanIllinois Supreme Court · 1889
- STANDARD ACCIDENT INS. CO. v. FRIEDENTHAL.Colorado Court of Appeals · 1891
- Ardon Construction Corp. v. Firemen's Insurance Co. of Newark, N. J.New York Supreme Court · 1959
- South Bend Toy Manuf'g Co. v. Dakota Fire & Marine Ins.South Dakota Supreme Court · 1892
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