Frost v. Saratoga Mutual Insurance
New York Supreme Court
Assumpsit on a policy of insurance, against loss by fire, tried in February, 1847, at the Tompkins circuit, before Gray, Cir. J. The plaintiff was nonsuited on the trial. The facts are sufficiently stated in the opinion of the court. The plaintiff moves for a new trial on a bill of exceptions.
1Opinion of the Court
By the Court, Beardsley, Ch. J.,A new question is presented in this case, and one, it must be admitted, of some novelty in its application to a case like this, and which has therefore been examined and considered with more than ordinary care and attention.
The contract of insurance between these parties was entered into in September, 1838, and I assume that the plaintiff, by his application for insurance, which was made a part of the contract, engaged that there was no building within less than ten rods of the store insured, except those mentioned in said appli*155cation. This was in law an…
2Cases cited1 opinion
- Welland Canal Co. v. HathawayNew York Supreme Court · 1832
3Cited by51 opinions
- Phoenix Life Ins. Co. v. RaddinSupreme Court of the United States · 1887
- Viele v. Germania InsuranceSupreme Court of Iowa · 1868
- Schwarzbach v. Ohio Valley Protective UnionWest Virginia Supreme Court · 1885
- Peoria Marine & Fire Insurance v. HallMichigan Supreme Court · 1864
- Hoxie v. Home InsuranceSupreme Court of Connecticut · 1864
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