Hynds v. Schenectady County Mutual Insurance
New York Supreme Court
This action was brought upon a policy of insurance. On the 10th day of June, 1848, the defendants insured the plaintiffs for $1500 on their flouring mill and machinery, and $500 on-their carding machine and machinery, situate in the town of Seward, in-the county of Schoharie.
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This action was brought upon a policy of insurance. On the 10th day of June, 1848, the defendants insured the plaintiffs for $1500 on their flouring mill and machinery, and $500 on-their carding machine and machinery, situate in the town of Seward, in-the county of Schoharie. The policy contained.a clause to the effect that, in case the premises should, at any time, during the time the policy would otherwise continue in force, be appropriated, applied or used to or for the purpose of carrying on, or exercising any trade, business or vocation denominated hazardous, or extra hazardous, or for…
1Concurrence
Wright, J. concurred. Parker, J.
It was not set up in the answer that the application for insurance did not truly state the dimensions of the carding machine building, its number of stories, and its internal divisions and arrangement, or that it omitted to state that there was a basement story to the building or a fireplace within it. The 1st, 2d and 5th points on the motion for a nonsuit, and the 1st and 2d exceptions to the refusals to,charge, were not therefore well taken. The 6th exception to the refusal to charge is unavailable, for the same reason. No claim to have the premium note…
2Cases cited2 opinions
- New-York Equitable Insurance v. LangdonNew York Supreme Court · 1831
- Langdon v. New-York Equitable InsuranceThe Superior Court of New York City · 1828