Huntley v. Perry
New York Supreme Court
THIS action was brought by the plaintiff, as receiver of the Cattaraugus Mutual Insurance Company, upon a premium note given for a policy of insurance issued by that company. The note, application and policy bore date December 6, 1854. The action came on to be tried at the Cattaraugus circuit in January, 1860, before Mr. Justice Grover and a jury. The plaintiff proved the facts entitling him jprima facie to recover.
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THIS action was brought by the plaintiff, as receiver of the Cattaraugus Mutual Insurance Company, upon a premium note given for a policy of insurance issued by that company. The note, application and policy bore date December 6, 1854. The action came on to be tried at the Cattaraugus circuit in January, 1860, before Mr. Justice Grover and a jury. The plaintiff proved the facts entitling him jprima facie to recover. The defendant proved the execution of the application, (which by the terms of the policy formed a part of it,) containing in substance a statement that all.buildings within ten…
1Opinion of the Court
By the Court, Davis, J.
The question to be passed upon in this case arises upon the charge of the court, which was “ that the fact that there were other buildings that were not mentioned in the defendant’s application for insurance, within ten rods of the house insured, rendered the premium note void.” The application set forth in the answer and proved on the trial, is a complete instrument on its face. It purports to state the relative situation of the property insured, “as to other buildings, and the distance from each within ten rods,” and that all buildings within ten rods are mentioned,…
2Cases cited4 opinions
- Frost v. Saratoga Mutual InsuranceNew York Supreme Court · 1848
- Farmers' Insurance & Loan Co. v. SnyderCourt for the Trial of Impeachments and Correction of Errors · 1836
- Chaffee v. . Cattaraugus County Mutual Insurance CompanyNew York Court of Appeals · 1858
- Viall v. Genesee Mutual InsuranceNew York Supreme Court · 1854
3Cited by3 opinions
- Schreiber v. German-American Hail InsuranceSupreme Court of Minnesota · 1890
- Mississippi Home Insurance v. DobbinsMississippi Supreme Court · 1902
- DeCesare v. John Hancock Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1939