Chase v. . the Hamilton Insurance Company
New York Court of Appeals
Appeal from the Supreme Court. The complaint was that the defendant, a corporation created under the laws of Massachusetts, had agreed to insure the plaintiff against damage .by fire to his stone dwelling-house, and to execute a policy for that purpose; that he had paid the required premium; that the building was consumed by fire within the term stipulated for the continuance of the risk, but the defendant refused to issue a policy, or to pay the sum insured.
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Appeal from the Supreme Court. The complaint was that the defendant, a corporation created under the laws of Massachusetts, had agreed to insure the plaintiff against damage .by fire to his stone dwelling-house, and to execute a policy for that purpose; that he had paid the required premium; that the building was consumed by fire within the term stipulated for the continuance of the risk, but the defendant refused to issue a policy, or to pay the sum insured. The trial was before a referee. It was proved on the part of the plaintiff that he had some negotiations with one Atwood, an insurance…
1Opinion of the CourtGrover, J.
This action is based upon the ground that the defendant had entered into a contract to insure the plaintiff’s building against loss or damage by fire to the amount of $1,500, by a proposition upon the part of the defendant which was accepted by the plaintiff. The basis of the proposition made by the defendant was the application signed by the plaintiff. In this the building upon which insurance was requested was declared to be a stone dwelling-house. By the proof it appeared that the building was a stone building with a wooden kitchen, twelve by fourteen feet, one story high, attached. It is…
2Cases cited2 opinions
- Plumb v. . Cattaraugus Co. Mutual Insurance Company.New York Court of Appeals · 1858
- Jennings v. Chenango Mutual InsuranceNew York Supreme Court · 1846
3Cited by32 opinions
- Van Schoick v. . Niagara Fire Ins. Co.New York Court of Appeals · 1877
- Kenyon v. Knights Templar & Masonic Mutual Aid Ass'nNew York Court of Appeals · 1890
- Ayres v. Hartford Fire InsuranceSupreme Court of Iowa · 1864
- Allen v. German American InsuranceNew York Court of Appeals · 1890
- McCormack v. Security Mutual Life InsuranceNew York Court of Appeals · 1917
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