Gates v. . the Madison County Mutual Insurance Company
New York Court of Appeals
Assumpsit upon a policy of insurance, tried at the Madison county circuit, before Giudley, circuit judge, in April, 1847. The case was this.
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Assumpsit upon a policy of insurance, tried at the Madison county circuit, before Giudley, circuit judge, in April, 1847. The case was this. The insurance was against loss or damage by fire on the plaintiffs’ tavern house, barn- and shed, situated at Durhamville, Madison county, in the sum of Si000, for the term of five years from the 12th day of December, 1838. The policy referred to the application of the assured for a more particular description of the premises and “as forming a part of the policy.” The application was in the form used in the defendants’ .company, and was prepared by them.…
1Opinion of the CourtJones, J.
If the statement of the insured in their application as to contiguous buildings was, in the legal acceptation of it, a warranty that there was no other building within the distance of ten rods from the premises insured, the fact of the actual existence of other buildings there at that time would falsify the warranty and be fatal to the action, whether the risk was thereby ^ increased or not. Was there such a warranty ? Confessedly not in .express terms. The statement of the assured related in terms only- to the nearest buildings, and did not import that those buildings were the only ones…
2Cases cited1 opinion
- Jennings v. Chenango Mutual InsuranceNew York Supreme Court · 1846
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