O'Brien v. Prescott Insurance
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made July 7, 1890, which affirmed a judgment in favor of plaintiff entered upon the report of a referee.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made July 7, 1890, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. This was an action upon a policy of insurance, whereby the defendant insured one Patrick O’Brien against loss or damage by fire to his building in West Troy, used as a grocery store, meat market and dwelling, for the term of one year from January 3, 1882. The policy was continued in force by renewals until January 3, 1886. It was issued and countersigned by one Hulsapple,…
1Opinion of the CourtVann, J.
The policy in question was issued to the plaintiff’s assignor “ subject to the following terms and conditions: (1) Warranty of the assured: The assured, by the acceptance of this policy, hereby warrants that any application, survey, plan, statement or description connected with procuring this insurance, or contained in or referred to in this policy is true, and shall be a part of this policy; - * and this company shall not be bound under this policy by any act of, or statement made to or by, any agent or other person which is not contained in this policy, or in any written paper above…
2Cases cited7 opinions
- Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
- Walsh v. . Hartford Fire Insurance Co.New York Court of Appeals · 1878
- Halpin v. . Phenix Ins. Co.New York Court of Appeals · 1890
- Steen v. . Niagara Fire Insurance CompanyNew York Court of Appeals · 1882
- Pechner v. . Phoenix Insurance Co.New York Court of Appeals · 1875
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- In re the Estate of PastoreNew York Surrogate's Court · 1935
- In re the Estate of HilpertNew York Surrogate's Court · 1937
- Egan v. Westchester InsuranceOregon Supreme Court · 1895
- Williams v. Pioneer Co-operative Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1918
- Cohen v. Home Insurance Co.Superior Court of Delaware · 1918
6 more not listed; retrieve them via the Exa API.