Legal Opinion

Shoemaker v. Glen Falls Insurance

New York Supreme Court

Decided September 6, 1869PublishedCited by 5 opinions

1XHIS action was brought to recover indemnity for a loss . of property by fire, which property was covered by a policy issued by the defendant to the plaintiff", on the 1st of February, 1867, to the amount of $2000, for the term of three years from the last named day, upon the following property; Upon his dwelling house, .... 66 household furniture, . . , . ... 300 66 wearing apparel, .... ... 100 66 barn and shed, . . . . , . ... 600 66 hay and grain, ..... ... 200 66 live…

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1XHIS action was brought to recover indemnity for a loss . of property by fire, which property was covered by a policy issued by the defendant to the plaintiff", on the 1st of February, 1867, to the amount of $2000, for the term of three years from the last named day, upon the following property; Upon his dwelling house, .... 66 household furniture, . . , . ... 300 66 wearing apparel, .... ... 100 66 barn and shed, . . . . , . ... 600 66 hay and grain, ..... ... 200 66 live stock, ...... , ... 100 66 farming utensils, .... ... 100 . $2000 A portion of the property insured, viz., the barn and…

1Opinion of the Court

By the Court, E. Darwin Smith, J.

The policy upon which this action is based refers to the application for a more full and particular description, and forming a part of the policy; and it declares that the said policy is made and accepted in reference to the terms and conditions therein contained and thereto annexed, which are thereby declared to be a part of the contract, and are to be used and resorted to to determine the rights of the parties in all cases not otherwise specifically provided for. The conditions annexed require that applications for insurance shall be in writing, and that any…

2Cases cited12 opinions

  1. Rowley v. . the Empire Insurance Co.New York Court of Appeals · 1867
  2. Jennings v. Chenango Mutual InsuranceNew York Supreme Court · 1846
  3. Ripley v. . the &198tna Ins. Co.New York Court of Appeals · 1864
  4. Burckle v. . EckhartNew York Court of Appeals · 1849
  5. O'Niel v. . the Buffalo Fire Ins. Co.New York Court of Appeals · 1849

7 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Blumer v. Phœnix InsuranceWisconsin Supreme Court · 1878
  2. Graham v. . Fireman's Insurance CompanyNew York Court of Appeals · 1881
  3. King v. Tioga County Patrons Fire Relief Ass'nAppellate Division of the Supreme Court of the State of New York · 1898
  4. King v. Tioga County Patrons' Fire-Relief Ass'nAppellate Division of the Supreme Court of the State of New York · 1898
  5. Zimmer v. New York Central & Hudson River RailroadNew York Supreme Court · 1876

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