Brown v. Kings County Fire Insurance

By the court, Barnard, J.

The objection taken upon the

trial, that the certificate of the justice or notary did not accompany the preliminary loss of papers, was waived by the defendants’ failure to object in time. The papers served were not only received without objection, but, when the loss became payable, the refusal to pay was upon the specific ground that the defendant “ did not insure a ship chandler’s shop,” meaning that the risk had been increased, and upon this ground only. It it is too late, now, to take any other. The defendant makes this objection also, upon the trial, that the…