McLaughlin v. Washington County Mutual Insurance
New York Supreme Court
This was an action on & policy of insurance, tried at the Washington circuit in June, 1838, before the Hon. John Willard, one of the circuit judges.
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This was an action on & policy of insurance, tried at the Washington circuit in June, 1838, before the Hon. John Willard, one of the circuit judges. The defendants insured the plaintiff against loss or damage by fire to the amount of $1000 on a frame store and $300 on goods contained therein for the term of six years from 3d October, 1836. The store and the goods were consumed by fire 29th April, 1837. The plaintiff transmitted to the secretary of the company an account of the loss verified by his oath in these words, “ I hereby forward to you an estimate of my loss by fire, as correct as I…
1Opinion of the CourtNelson, C. J.
*By the Court, By the .fourth condition of [ *527 ] the policy, the assured is required forthwith to give notice of the loss, and within thirty days to deliver a particular account of the same to the secretary, verified by oath : and also if requested, the books of account and other papers, &c. This condition is substantially like that of the Ins. Company, passed upon by this court in 7 Cowen, 645, that required “ as particular an account as the nature of the case would admit.” The one here requires no more — and the account rendered in that case is not more partienlar than that furnished here.…
2Cases cited1 opinion
- Bridge v. Niagara Ins.The Superior Court of New York City · 1828
3Cited by17 opinions
- McNally v. Phœnix InsuranceNew York Court of Appeals · 1893
- Post & Dowding v. Ætna InsuranceNew York Supreme Court · 1864
- Wolf v. Goodhue Fire InsuranceNew York Supreme Court · 1864
- Prsdt. and Directors of Balto. Fire Ins. Co. v. LoneyCourt of Appeals of Maryland · 1862
- Bartlett v. Union Mutual Fire InsuranceSupreme Judicial Court of Maine · 1859
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