Sexton v. Montgomery County Mutual Insurance
New York Supreme Court
Assumpsit on a policy of insurance against loss by fire. The cause was tried the second time, at the Fulton circuit in November, 1843, before Cushman, circuit judge. The property insured was goods, mittens, gloves and moccasins, described in the policy as being contained “in a.building belonging to Sidney Mills, reference being had to the application” of the insured “ for a more particular description, and as forming a part of this policy.”
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Assumpsit on a policy of insurance against loss by fire. The cause was tried the second time, at the Fulton circuit in November, 1843, before Cushman, circuit judge. The property insured was goods, mittens, gloves and moccasins, described in the policy as being contained “in a.building belonging to Sidney Mills, reference being had to the application” of the insured “ for a more particular description, and as forming a part of this policy.” The policy contained a provision that in case the assured should have already made any other insurances on the property insured, not notified to the…
1Opinion of the Court
By the Court, Hand, J.
I am inclined to the opinion that the objection in relation to the preliminary proofs, is not tenable. An attempt was- made to comply with the contract of insurance in this respect, and afterwards, the defendants, without notifying the plaintiffs that Sexton’s affidavit was insufficient, made an examination and pursued the inquiry to satisfy themselves. The jury might have found this to be a substantial compliance with the terms of the contract, and it would now be unjust to disregard all this, particularly after the jury have said *200the delivery of the additional…
2Cases cited3 opinions
- Jennings v. Chenango Mutual InsuranceNew York Supreme Court · 1846
- Miner v. ClarkNew York Supreme Court · 1836
- Anstice v. HolmesNew York Supreme Court · 1846
3Cited by13 opinions
- Travelers Insurance v. SheppardSupreme Court of Georgia · 1890
- Miller v. Mutual Benefit Life InsuranceSupreme Court of Iowa · 1871
- Citizens' Fire Insurance, Security & Land Co. v. DollCourt of Appeals of Maryland · 1872
- O'Brien v. Ohio InsuranceMichigan Supreme Court · 1883
- Smith v. Empire InsuranceNew York Supreme Court · 1857
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