Graham v. . Fireman's Insurance Company
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas, in .and for thé city and county of Hew York, in favor of defendant, entered upon an order made the first Monday of December, 1880, overruling plaintiff’s exceptions and directing judgment on a verdict.
Read the full summary
Appeal from judgment of the General Term of the Court of Common Pleas, in .and for thé city and county of Hew York, in favor of defendant, entered upon an order made the first Monday of December, 1880, overruling plaintiff’s exceptions and directing judgment on a verdict. This action was brought upon two policies of fire insurance, issued by the defendant upon what was known as the Bon Ton Hotel, at Flatbush, L. I. At the time of the application for the first policy, the agent of the plaintiff, in answer to specific inquiries, stated that the owner of the property was “ Mrs. Catharine E.…
1Opinion of the CourtMiller, J.
The first condition in each of the policies of insurance upon which this action was brought provides that if any application, etc., is referred to in the policy, it “ shall be considered a part of this contract, and a warranty by the assured.” It is then stated that if any false representation by the assured, of the condition, etc., of the property shall be made, or any omission to make known any fact material to the risk,” etc., u or any overvaluation, or any misrepresentation whatever, either in the written application or otherwise,” and after enumerating other things, concludes that “ then…
2Cases cited6 opinions
- Titus v. . Glens Falls Insurance CompanyNew York Court of Appeals · 1880
- Van Schoick v. . Niagara Fire Ins. Co.New York Court of Appeals · 1877
- Savage v. . Howard Insurance CompanyNew York Court of Appeals · 1873
- Egan v. Mutual InsuranceNew York Supreme Court · 1848
- Appleby v. . Astor Fire Ins. Co.New York Court of Appeals · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Commercial Fire Ins. v. AllenSupreme Court of Alabama · 1886
- Goldstein v. National Liberty Insurance Co. of AmericaNew York Court of Appeals · 1931
- Collins v. Metropolitan Life InsuranceMontana Supreme Court · 1905
- Carrollton Furniture Mfg. Co. v. American Credit Indemnity Co.Court of Appeals for the Second Circuit · 1903
- Union Trust Co. v. Philadelphia Fire & Marine Ins.Supreme Judicial Court of Maine · 1929
14 more not listed; retrieve them via the Exa API.