Legal Opinion

Parmelee v. . Hoffman Fire Ins. Co.

New York Court of Appeals

Decided June 5, 1873PublishedCited by 24 opinions

Appeal from judgment of the General Term of the Supreme Court, in the first judicial district, in favor of plaintiff, entered upon an order denying motion on the part of defendant for a new trial, and .directing judgment upon a verdict.

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Appeal from judgment of the General Term of the Supreme Court, in the first judicial district, in favor of plaintiff, entered upon an order denying motion on the part of defendant for a new trial, and .directing judgment upon a verdict. This action was brought upon a policy of insurance, issued by defendant, under date of October 19th, 1864, to the Parmelee Piano Forte Company, whereby the defendant insured the said company, during one year, against loss by fire, to the amount of $2,500, on their stock of piano fortes, etc., etc., “ contained in the three-story and basement brick' building…

1Opinion of the Court

Reynolds, C.

The insurance was upon a stock of piano fortes etc., “ contained in the three story and basement brick building, occupied by the assured for the manufacture of piano fortes, and situate Ho. 9 Howard street, Hew Haven.” When the insurance was effected it was represented that the premises were wholly occupied by the assured, and it seems to have been shown at the trial that such .was the fact. The representation as to the occupation of the building was unquestionably a warranty and was so held on the trial," and if broken, avoided the policy. The only pretence that it was broken,…

2Cited by24 opinions

  1. Travelers' Ins. v. MelickCourt of Appeals for the Eighth Circuit · 1894
  2. Wachtel v. Equitable Life Assurance Society of United StatesNew York Court of Appeals · 1935
  3. Thornell v. Missouri State Life Ins.Texas Commission of Appeals · 1923
  4. Supreme Tent Knights of Maccabees of the World v. StenslandIllinois Supreme Court · 1903
  5. Alexander v. . Germania Fire Ins. Co.New York Court of Appeals · 1876

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