Jube v. Brooklyn Fire Insurance
New York Supreme Court
THIS cause was tried at the circuit and a verdict rendered for the plaintiff, and a motion, made at a special term, for a new trial, denied. The defendants then appealed to the general term. James Carpenter took from the defendants a policy of insurance on his stock of goods in a store situate in Brooklyn, upon which a loss was sustained. Carpenter assigned his claim against the defendants to the plaintiff, and this suit was brought to recover the amount of such loss.
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THIS cause was tried at the circuit and a verdict rendered for the plaintiff, and a motion, made at a special term, for a new trial, denied. The defendants then appealed to the general term. James Carpenter took from the defendants a policy of insurance on his stock of goods in a store situate in Brooklyn, upon which a loss was sustained. Carpenter assigned his claim against the defendants to the plaintiff, and this suit was brought to recover the amount of such loss. By the ninth condition of the policy taken from the defendants by Carpenter, it was provided that “ whenever required in…
1Opinion of the Court
By the Court, Davies, P. J.
The only question which I propose to consider, is, whether the assignor of the plaintiff complied with the conditions of his policy, so as to entitle the plaintiff to recover. The conditions annexed to the policy are parcel of the contract, and have the- same effect as though written in the body of it; and where a condition, thus forming part of a policy, is not complied with, the plaintiff cannot recover. (Jennings v. The Chenango County Mutual Ins. Co., 2 Denio, 75.) In the case of Smith v. The Saratoga County Mutual Fire Ins. Co., (1 Bill, 497,) the parties by…
2Cases cited2 opinions
- Jennings v. Chenango Mutual InsuranceNew York Supreme Court · 1846
- Haff v. Marine InsuranceNew York Supreme Court · 1809
3Cited by2 opinions
- O'Brien v. . Commercial Fire Ins. Co.New York Court of Appeals · 1875
- Gilbert v. Phœnix InsuranceNew York Supreme Court · 1862