Ætna Fire Insurance v. Tyler
Court for the Trial of Impeachments and Correction of Errors
Fbror from the supreme court. Tyler sued the .Etna Fire Insurance Company, on a policy against fire on a dwelling-house. In his application in writing he stated that he wished to “ effect an insurance on my house in which I reside,” and the policy itself stated that the plaintiff was insured upon his two story frame dwelling-house. The insurance was to the amount of SI500, for the period of one year from 24th August, 1827, and within the year the house was consumed by fire.
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Fbror from the supreme court. Tyler sued the .Etna Fire Insurance Company, on a policy against fire on a dwelling-house. In his application in writing he stated that he wished to “ effect an insurance on my house in which I reside,” and the policy itself stated that the plaintiff was insured upon his two story frame dwelling-house. The insurance was to the amount of SI500, for the period of one year from 24th August, 1827, and within the year the house was consumed by fire. The ninth condition of the policy requires that all persons insured by the company sustaining loss b.y fire shall…
1Opinion of the Court
The following opinion was delivered :
By the Chancellor.
There is no misdescription in this case of the subject of insurance in the policy. Neither was there any misrepresentation or concealment of any fact on the part of the assured, which was all material to the risk, in the application for the insurance ; and the jury have negatived all pretence of fraud on the part of Tyler, in not disclosing the true state of his title. It is a fact of public notoriety that a great portion of the property in the eighth senate district, and much in every other part of the state, is held by those who are…
2Cases cited3 opinions
- The Columbia Insurance Company of Alexandria, in Error v. Joseph W. Lawrence, Who Survived Thomas PoindexterSupreme Court of the United States · 1836
- Columbian Insurance Co. of Alexandria v. LawrenceSupreme Court of the United States · 1829
- Murray v. RichardsNew York Supreme Court · 1828
3Cited by106 opinions
- The City of NorwichSupreme Court of the United States · 1886
- Mobile & Montgomery Railway Co. v. JureySupreme Court of the United States · 1884
- McMaster v. . Pres., Etc., Ins. Co. of N. Am.New York Court of Appeals · 1873
- Clinton v. . the Hope Insurance CompanyNew York Court of Appeals · 1871
- Post & Dowding v. Ætna InsuranceNew York Supreme Court · 1864
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