Smith v. Home Insurance
New York Supreme Court
Appeal by the defendant from an order of the Erie Special Term, denying a motion made on a case and exceptions for a new trial.
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Appeal by the defendant from an order of the Erie Special Term, denying a motion made on a case and exceptions for a new trial. The defendant, on October 21, 1878, by its policy, insured the plaintiff against loss or damages by fire on his dwelhng-house No. 1, $900; dwelling-house No. 2, $200; barns Nos. 1, 2 and 3, $700; produce therein, $400; farming utensils, $50; carriages, etc., in barns, $100; horses, $300; and cows, $500. On December 30, 1878, the barns and contents were, destroyed by fire. This action was brought upon such policy, tried at the Wyoming Circuit, and a recovery was had…
1Opinion of the Court
Bradley, J.:
The policy was issued by one Fannan, the defendant’s agent, at Warsaw, N. Y., upon an application obtained by one Randall, acting as solicitor. In the application signed by the plaintiff is his covenant that the statements, valuation, description and survey in it are true and correct, and are submitted as his warranty and a basis for the *33desired insurance. And the policy provides that such application, survey, plan and description, were considered part of the contract, and a warranty by the assured, and that any false representations by the assured of the condition, situation or…
2Cases cited17 opinions
- Van Schoick v. . Niagara Fire Ins. Co.New York Court of Appeals · 1877
- Rohrbach v. . Germania Fire Ins. Co.New York Court of Appeals · 1875
- Bodine v. . Exchange Fire Ins. Co.New York Court of Appeals · 1872
- Piedmont, Etc. Life-Ins. Co. v. Ewing, Etc.Supreme Court of the United States · 1876
- Angell v. . Hartford Fire Ins. Co.New York Court of Appeals · 1874
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3Cited by1 opinion
- Pratt v. . D.H.M.F. Ins. Co.New York Court of Appeals · 1891