Smith v. Empire Insurance
New York Supreme Court
THIS action was brought on a policy of insurance, bearing date the 5th day of September, 1854, issued by the defendants to the plaintiffs, and insuring them against loss by fire, for one year, in the sum of $3000, as follows : $1600 on their dwelling house ; $800 on their furniture therein ; $200 on their barn and shed ; $200 on their grain therein, and $200 on their hay therein.
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THIS action was brought on a policy of insurance, bearing date the 5th day of September, 1854, issued by the defendants to the plaintiffs, and insuring them against loss by fire, for one year, in the sum of $3000, as follows : $1600 on their dwelling house ; $800 on their furniture therein ; $200 on their barn and shed ; $200 on their grain therein, and $200 on their hay therein. The dwelling house and furniture were burned in the night of the 16th of July, 1855. The plaintiffs’ application for the policy, when received by the defendants, was in these words and figures, viz : “ Application of…
1Opinion of the Court
By the Court, Balcom, J.
It was understood between Van Camp and the plaintiff from whom he received the application for the policy in question, that it was not completed when he took it, and that he was to “ fill out the rest of it when he got where he could write.” This understanding constituted Van Camp the plaintiffs’ agent to complete the application; and although nothing passed between him and the plaintiff with whom he did the business, in regard to incumbrances on the property to be insured, the plaintiffs are responsible for all that he afterwards inserted in the application to make it…
2Cases cited7 opinions
- Jennings v. Chenango Mutual InsuranceNew York Supreme Court · 1846
- Vallett v. ParkerNew York Supreme Court · 1831
- Farmers' Insurance & Loan Co. v. SnyderCourt for the Trial of Impeachments and Correction of Errors · 1836
- Duncan v. Sun Fire InsuranceNew York Supreme Court · 1831
- Egan v. Mutual InsuranceNew York Supreme Court · 1848
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Rowley v. . the Empire Insurance Co.New York Court of Appeals · 1867
- Southern Fire Insurance v. KnightSupreme Court of Georgia · 1900
- Western Assurance Co. v. StoddardSupreme Court of Alabama · 1889
- Koontz v. Hannibal Savings & InsuranceSupreme Court of Missouri · 1868
- American Insurance v. BarnettSupreme Court of Missouri · 1881
9 more not listed; retrieve them via the Exa API.