Pitney v. Glens Falls Insurance
New York Supreme Court
THE appeal in this cause is from a judgment recovered by the plaintiff, and from an order denying a new trial, in an action upon a policy of insurance against fire. The action was brought by the plaintiff in his own right, and as the assignee of G-eorge 27. Pitney, who was a joint owner with the plaintiff in the property insured.
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THE appeal in this cause is from a judgment recovered by the plaintiff, and from an order denying a new trial, in an action upon a policy of insurance against fire. The action was brought by the plaintiff in his own right, and as the assignee of G-eorge 27. Pitney, who was a joint owner with the plaintiff in the property insured. The policy was issued by an agent, on the 2d day of November, 1866, on twenty-four hundred pounds of wool,, which was mostly consumed by fire on the evening of the 9th of April, in the year 1867. The essential facts of the case will appear in the opinion.
1Opinion of the Court
By the Court, Daniels, J.
When the application was made for the insurance, it was made in such a manner and in such terms, that the defendants’ agent understood it to be desired exclusively for the applicant, Norman Pitney, the plaintiff in this suit. But after the policy was received by him, and within two or three weeks afterwards, it was examined, and found to be different from the form in which he testified he designed to have it, in the circumstance that it did not include, or insure, the interest of George N. Pitney in the wool. The policy was accordingly returned to the agent for…
2Cases cited8 opinions
- Ætna Fire Insurance v. TylerCourt for the Trial of Impeachments and Correction of Errors · 1836
- Grosvenor v. . the Atlantic Fire Insurance Co. of BrooklynNew York Court of Appeals · 1858
- Quin v. . LloydNew York Court of Appeals · 1869
- O'Niel v. . the Buffalo Fire Ins. Co.New York Court of Appeals · 1849
- Brabin v. . HydeNew York Court of Appeals · 1865
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3Cited by4 opinions
- Westchester Fire Insurance v. FosterIllinois Supreme Court · 1878
- Marie v. GarrisonThe Superior Court of New York City · 1883
- Turner v. Meridan Fire Ins.U.S. Circuit Court for the District of Rhode Island · 1883
- Rapid Safety Fire Extinguisher Co. v. Hay-Budden Manufacturing Co.New York Supreme Court · 1902