King v. Tioga County Patrons Fire Relief Ass'n
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Tioga County Patrons Fire Relief Association, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Tioga on the 31st day of March, 1898, upon the decision of the court rendered after a trial at the Tioga Trial Term before the court without a jm7-
1Opinion of the Court
Putnam, J.:
The defendant, by its policy of insurance No. 1,436, insured certain real and personal property of the plaintiff for the term of five years from the 5th day of April, 1896. In the application for insurance the following questions were proposed to the insured and answers given: “ Value of farm on which buildings are situated, *594000. In whom is the title vested ? D. 0. King. Is it encumbered? No." In the contract for insurance the application was referred to as “ forming a part of this policy.” In fact, at the time the policy was issued, there was a mortgage on the buildings…
2Cases cited9 opinions
- Ripley v. . the &198tna Ins. Co.New York Court of Appeals · 1864
- Merrill v. . Agricultural Ins. Co.New York Court of Appeals · 1878
- Pratt v. . D.H.M.F. Ins. Co.New York Court of Appeals · 1891
- Cornish v. . Farm Buildings Fire Ins. Co.New York Court of Appeals · 1878
- Graham v. . Fireman's Insurance CompanyNew York Court of Appeals · 1881
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3Cited by2 opinions
- Fitzgerald v. Atlanta Home InsuranceAppellate Division of the Supreme Court of the State of New York · 1901
- Moore v. Prudential Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1916