Tillou v. Clinton & Essex Mutual Insurance
New York Supreme Court
This was an action of assumpsit on a policy of insurancé. The defendants pleaded the general issue and gave notice of special matter in evidence. The óause came on to be tried before Justice Barculo at the Dutchess circuit in December, 1848. The plaintiffs produced and proved the original policy of insurance ; also the notice and preliminary proofs, which were admitted to have been duly served.
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This was an action of assumpsit on a policy of insurancé. The defendants pleaded the general issue and gave notice of special matter in evidence. The óause came on to be tried before Justice Barculo at the Dutchess circuit in December, 1848. The plaintiffs produced and proved the original policy of insurance ; also the notice and preliminary proofs, which were admitted to have been duly served. The plaintiffs also proved the burning of the property insured on the 28th day of July, 184?. The plaintiffs also presented a paper of which the following is a copy: “Hyde Park, July 12, 1847. Mr.…
1Opinion of the Court
By the Court, Barculo, J.
The evidence touching the consent bearing date the 16th July, 1847, together with the torn appearance of the paper, was sufficient to authorize the conclusion drawn by the judge at the circuit, that the paper had been essentially altered by the plaintiffs after it had been transmitted to them by the secretary of the defendants. The execution of the consent was proved by the admission of the secretary; who accompanied the admission with the declaration that the paper had been since mutilated. The evidence of the alteration is, therefore, of as high a character as that…
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