Conover v. Mutual Insurance
New York Supreme Court
Assumpsit tried at the Albany circuit in April, 1845, before Parker, C. Judge. The action was on a policy, dated July 22, 1836, by which the defendants insured the pláintiff for five years, against loss or damage by fire, to the amount of $600 on his dwelling house, No. 34 Van Schaack-street, in the city of Albany, and $66 on his woodhouse in the rear of the dwelling.
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Assumpsit tried at the Albany circuit in April, 1845, before Parker, C. Judge. The action was on a policy, dated July 22, 1836, by which the defendants insured the pláintiff for five years, against loss or damage by fire, to the amount of $600 on his dwelling house, No. 34 Van Schaack-street, in the city of Albany, and $66 on his woodhouse in the rear of the dwelling. The policy contained the following clause—“ The interest of the insured in this policy is not assignable unless by consent of the company manifested in writing, in pursuance of the by-laws of the company, and the same be…
1Opinion of the Court
By the Court, Bronson, Oh. J.
The circuit judge had a discretion to disregard the variance as amendable; and for the exercise of that discretion a bill of exceptions will not lie. (2 *256R. S. 406, § 79; Mappa v. Pease, 15 Wend. 669; Mann v. Herkimer Mutual Ins. Co., 4 Hill, 187.) (a)
There was sufficient evidence to carry the cause to the jury on the question of authority in the secretary to consent to the assignment of the policy. Although he had no written authority, he had often given consent in other cases; and the jury could not but have found, upon the evidence, that what he did had been…
2Cases cited1 opinion
- Mappa v. PeaseNew York Supreme Court · 1836
3Cited by22 opinions
- Ayres v. Hartford Fire InsuranceSupreme Court of Iowa · 1864
- Hubbard & Spencer v. Hartford Fire Ins.Supreme Court of Iowa · 1871
- Harral v. LevertySupreme Court of Connecticut · 1882
- Masters v. Madison County Mutual InsuranceNew York Supreme Court · 1852
- Mitchell v. Vermont Copper Mining Co.New York Court of Appeals · 1876
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