L. Black Co. v. London Guarantee & Accident Co.
New York Court of Appeals
Appeal from a judgment óf the Appellate Division of the Supreme Court in the fourth judicial department, entered November 20, 1913, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment óf the Appellate Division of the Supreme Court in the fourth judicial department, entered November 20, 1913, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. Under the undisputed facts plaintiff had, on June 16, 1910, suffered an actual loss of $9,661.63 through Fred W. Edwards, of Duluth, Minn., which loss it did not include in its statement of losses in the application. And this within the ordinary and usual meaning of the word “loss,” and…
1Opinion of the CourtSeabury, J.
This action is upon a policy of credit insurance. The-defense relied upon is breach of warranty. The plaintiff made written application for the policy on June 16th, 1910. In that application it made the following statement as to its losses: “ Losses $8,959.05 from " July 1st, 1909, to date, showing amount owing as accounts stand to-day.” It is conceded that this statement of losses did not include the loss occasioned to the plaintiff by reason of the insolvency of F. W. Edwards of Duluth, Minnesota. The defense of breach of warranty is predicated upon the failure of the plaintiff to include…
2Cases cited2 opinions
- Morewood v. . HollisterNew York Court of Appeals · 1852
- People v. . Mercantile Credit Guarantee Co.New York Court of Appeals · 1901
3Cited by1 opinion
- L. Black Co. v. London Guarantee & Accident Co.Appellate Division of the Supreme Court of the State of New York · 1919