Yonkers & New York Fire Insurance v. Hoffman Fire Insurance
The Superior Court of New York City
Exceptions ordered to be heard in the first instance at the general term. The action was upon a policy of re-insurance. The plaintiffs re-insured the Insurance Company of North America, in the sum of $5000, on refined petroleum, “ contained in McHenry’s yard, situate on the south side of Dickerson street, east of Front street, between Mead and Ash streets, Philadelphia.”
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Exceptions ordered to be heard in the first instance at the general term. The action was upon a policy of re-insurance. The plaintiffs re-insured the Insurance Company of North America, in the sum of $5000, on refined petroleum, “ contained in McHenry’s yard, situate on the south side of Dickerson street, east of Front street, between Mead and Ash streets, Philadelphia.” Subsequently, the defendants re-insured the plaintiffs, in the sum of $2500, by the following description: “ On refined petroleum contained in McHenry’s yard, situate on the south side of Dickerson street, east of Front…
1Opinion of the Court
By the Court, Monell, J.
The objection, that the location of the subject of the insurance being differently described in the. two policies, rendered the defendants’ policy void or voidable, was, I think, properly overruled.
An inaccurate description will not necessarily defeat an instrument; and it maybe corrected by construction, if there is enough besides to identify the place, and thus sup*319ply the means of making the correction; or, where the instrument as a whole, shows certainly, that it was an error, and also shows with equal certainty how the error may and should be corrected. (2 Pars. on…
2Cases cited8 opinions
- Newmark v. Liverpool & London Fire & Life InsuranceSupreme Court of Missouri · 1860
- The Mutual Safety Ins. Co. v. . HoneNew York Court of Appeals · 1849
- Howard v. City Fire InsuranceNew York Supreme Court · 1847
- New York State Marine Ins. v. Protection Ins.U.S. Circuit Court for the District of Massachusetts · 1841
- New York Bowery Fire Insurance v. New York Fire InsuranceNew York Supreme Court · 1837
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3Cited by2 opinions
- Depaola v. Nat. Ins. Co., Humboldt Ins. Co.Supreme Court of Rhode Island · 1915
- McLean v. RutherfordSupreme Court of Missouri · 1843