Jefferson Insurance v. H. & D. Cotheal.
New York Supreme Court
Error from the superior court of the city of New-York. H. & D. Cotheal brought a suit against the insurance company, on a policy, insuring a steam saw-mill against fire; the suit was transferred from the supreme to the superior court, and there tried.
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Error from the superior court of the city of New-York. H. & D. Cotheal brought a suit against the insurance company, on a policy, insuring a steam saw-mill against fire; the suit was transferred from the supreme to the superior court, and there tried. The plaintiffs, whilst engaged in erecting the mill, opened a negotiation for the insurance of it, and presented to the defendants an application in these words: “ A steam sawmill on the river Nantikoke, near Vienna, in Maryland; wooden building about 130 feet long by 30 feet broad, with two saw-gates ; engine of low pressure; on account of whom…
1Opinion of the Court
By the Court,
Sutherland, J.
The questions proposed to be put by the counsel for the defendants to Swords and Guión; were properly excluded by the court below. The general scope and effect of the questions was to shew that the location of the boiler, and the erection of the boiler house attached to the saw mill, in the manner in which they have been shown to have been located and erected, produced such a variation from the mill as described in the policy, as materially to increase the risk.
Whether the risk was increased by the supposed alteration in the former construction of the mill, was not…
2Cases cited2 opinions
- Fitch v. NewberryMichigan Supreme Court · 1843
- Suckley v. DelafieldNew York Supreme Court · 1804
3Cited by70 opinions
- Merchants' Bank v. State BankSupreme Court of the United States · 1871
- Campbell v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1867
- Penn Mut. Life Ins. v. Mechanics' Savings Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1896
- Jennings v. Chenango Mutual InsuranceNew York Supreme Court · 1846
- Minsker v. John Hancock Mutual Life InsuranceNew York Court of Appeals · 1930
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