Kennedy v. St. Lawrence County Mutual Insurance
New York Supreme Court
This was an action upon a policy of insurance against loss or damage by fire. On the trial, before Justice Willard at the St. Lawrence circuit, in August, 1849, the plaintiffs were nonsuited ; and from the judgment entered at the circuit they appealed. The facts, and the legal questions arising thereon, are stated in the opinion of the court.
1Opinion of the Court
By the Court, Willard, P. J.
This was an action on a policy of insurance, to recover the value of certain goods of the plaintiffs, destroyed by fire on the 2d of January, 1849, in a store in Hopkinton, of which the plaintiffs were the lessees. Among other grounds of defense set up in the answer, it was stated “ that the insured did not, although requested so to do, truly *286describe in their application the true nature and hazard to the goods, for that there were other buildings within ten rods of the store not mentioned in the said application.” The plaintiffs in their reply alledged “ that…
2Cases cited6 opinions
- Jennings v. Chenango Mutual InsuranceNew York Supreme Court · 1846
- Frost v. Saratoga Mutual InsuranceNew York Supreme Court · 1848
- Higginson v. DallMassachusetts Supreme Judicial Court · 1816
- Bird v. CaritatNew York Supreme Court · 1807
- Duncan v. Sun Fire InsuranceNew York Supreme Court · 1831
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Ripley v. . the &198tna Ins. Co.New York Court of Appeals · 1864
- Chrisman v. State InsuranceOregon Supreme Court · 1888
- Brown v. . the Cattaraugus County Mutual Insurance CompanyNew York Court of Appeals · 1858
- Cooper v. Farmers' Mutual Fire InsuranceSupreme Court of Pennsylvania · 1865
- Shoemaker v. Glen Falls InsuranceNew York Supreme Court · 1869
6 more not listed; retrieve them via the Exa API.