Norton v. Rensselaer & Saratoga Insurance
New York Supreme Court
ASSUMPSli~ on a valued policy of insurance against fire, on merchandize of the plaintiffs, as D. 0. Norton & Oo., tried at the Rensselaer circuit, November 16th, 1826, before DUER, 0. Judge; when the following facts were in evidence: The 10th condition or proposal of insurance annexed to the policy, was, that "all persons insured, &o., sustaining a~y loss or damage by fire, are forthwith to give notice to the corn any, and, as soon after as possible, to deliver in as…
Read the full summary
ASSUMPSli~ on a valued policy of insurance against fire, on merchandize of the plaintiffs, as D. 0. Norton & Oo., tried at the Rensselaer circuit, November 16th, 1826, before DUER, 0. Judge; when the following facts were in evidence: The 10th condition or proposal of insurance annexed to the policy, was, that "all persons insured, &o., sustaining a~y loss or damage by fire, are forthwith to give notice to the corn any, and, as soon after as possible, to deliver in as particu~r an account of their loss or damage, signed with~ their own hands, as the nature of the case will admit of and make…
1Opinion of the Court
Curia, per Savage, Ch. J.
The only question is, whether the notice of the 2d of March was a compliance with the 10th proposal in the policy. That proposal is brought over from the English policies, where it is held to be a condition precedent; and the clause connected with it, which relates to the certificate of third persons, has been the subject of several decisions confining the plaintiff with great strictness to the persons named. (2 Condy’s Marsh. 808, 813, and the cases there cited.) I am not aware of any case which goes into the form of the notice, and the affidavit of the party.…
2Cases cited2 opinions
- McLaughlin v. Washington County Mutual InsuranceNew York Supreme Court · 1840
- Lawrence v. Ocean InsuranceNew York Supreme Court · 1814
3Cited by6 opinions
- Bumstead v. . the Dividend Mutual Insurance Co.New York Court of Appeals · 1854
- Gauche v. London & Lancashire Ins.U.S. Circuit Court for the District of Eastern Louisiana · 1881
- Jones v. Mechanics Fire InsuranceSupreme Court of New Jersey · 1872
- Bumstead v. Dividend Mutual InsuranceNew York Court of Appeals · 1854
- Matthews v. American Central InsuranceAppellate Division of the Supreme Court of the State of New York · 1896
1 more not listed; retrieve them via the Exa API.