Hynds v. Schenectady County Mutual Insurance
New York Supreme Court
This action was brought upon a policy of insurance. On the 10th day of June, 1848, the defendants insured the plaintiffs for $1500 on their flouring mill and machinery, and $500 on-their carding machine and machinery, situate in the town of Seward, in-the county of Schoharie.
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This action was brought upon a policy of insurance. On the 10th day of June, 1848, the defendants insured the plaintiffs for $1500 on their flouring mill and machinery, and $500 on-their carding machine and machinery, situate in the town of Seward, in-the county of Schoharie. The policy contained.a clause to the effect that, in case the premises should, at any time, during the time the policy would otherwise continue in force, be appropriated, applied or used to or for the purpose of carrying on, or exercising any trade, business or vocation denominated hazardous, or extra hazardous, or for…
1Opinion of the CourtHarris, J.
Two grounds of defencé, only, are contained in the defendants’ answer. The one is, that at the time of the application and also at the time of the fire, a quantity of flax and tow were stored or placed in the lower room of the carding mar. ehine building. The other, that in making the application and also in giving an account of their loss, the defendants concealed and misrepresented the manner in which the building was occupied. For this reason, if for'no other, the judge was right in refusing to charge that the policy was invalid because the plaintiffs had omitted to state in their…
2Cases cited3 opinions
- The Columbia Insurance Company of Alexandria, in Error v. Joseph W. Lawrence, Who Survived Thomas PoindexterSupreme Court of the United States · 1836
- Waters v. Merchants' Louisville InsuranceSupreme Court of the United States · 1837
- New-York Equitable Insurance v. LangdonNew York Supreme Court · 1831
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