First National Bank v. President & Directors of Insurance Co. of North America
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, affirming a judgment entered upon a nonsuit, directed upon trial at circuit. (Reported below, 5 Bans., 203.) The action was brought to recover upon a policy of insurance issued by defendants, to the Pioneer Paper Company for one year, dated 18th December, 1868, and payable to the First Rational Bank of Ballston, to the extent of any claim or notes the bank may hold against the company.
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Appeal from judgment of the General Term of the Supreme Court, affirming a judgment entered upon a nonsuit, directed upon trial at circuit. (Reported below, 5 Bans., 203.) The action was brought to recover upon a policy of insurance issued by defendants, to the Pioneer Paper Company for one year, dated 18th December, 1868, and payable to the First Rational Bank of Ballston, to the extent of any claim or notes the bank may hold against the company. The following was the description of the property insured: “ Five hundred dollars on their stone and frame paper mill, with slate, cement and…
1Opinion of the CourtGrover, J.
Where a fire policy refers to a survey and declares that it shall constitute a part of the policy, the statements therein contained in regard to the situation, use and care of the property are to be regarded and construed as warranties. (L e Roy v. The Market Ins. Co., 39 N. Y., 91; Same Case, 45 N. Y., 80; Ripley v. The Ætna Ins. Co., 30 N. Y., 136.) To produce this effect, the policy must not only refer to the survey, but it must be made a part of it, otherwise the statements contained therein will be construed as representations and not as warranties. (The Farmers' Ins. and Loan Co. v.…
2Cases cited2 opinions
- Farmers' Insurance & Loan Co. v. SnyderCourt for the Trial of Impeachments and Correction of Errors · 1836
- Le Roy v. . the Market Fire Ins. Co.New York Court of Appeals · 1871
3Cited by15 opinions
- Hart v. Niagara Fire InsuranceWashington Supreme Court · 1894
- Chrisman v. State InsuranceOregon Supreme Court · 1888
- Blumer v. Phœnix InsuranceWisconsin Supreme Court · 1878
- Jarvis Towing & Transportation Corp. v. Aetna InsuranceNew York Court of Appeals · 1948
- Whealton Packing Co. v. Ætna Ins.Court of Appeals for the Fourth Circuit · 1911
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