Egan v. Mutual Insurance
New York Supreme Court
Error tó tiré mayor’s court of the city of Albany.- The ácíion in the court below was on a policy of insurance against fire, by the insured: against the insurers. The property had beeh destroyed by fire within the period- insured ; and the plaintiff had á verdict á!nd judgment id- the court below for the amount of the loss, which the defendants' sought to review ód this writ of error.
Read the full summary
Error tó tiré mayor’s court of the city of Albany.- The ácíion in the court below was on a policy of insurance against fire, by the insured: against the insurers. The property had beeh destroyed by fire within the period- insured ; and the plaintiff had á verdict á!nd judgment id- the court below for the amount of the loss, which the defendants' sought to review ód this writ of error. The facts upon which the questions óf law arose are sufficiently stated in the opinion of the court.
1Opinion of the Court
By the Court, Beardsley, Ch. J.
Immediately after a brief description of the property insured we find the following clause in this policy: “ Reference being had to the application of the said Kiran Egan for a more particidar description and forming a part of this policy.” It was argued by the counsel for the defendant in error, that this reference to the application was not made with a view to engraft all its stipulations into the contract of insurance, but for the single purpose of a more “ particular description” of the property insured. I cannot assent to this as a correct interpretation of…
2Cases cited1 opinion
- Jennings v. Chenango Mutual InsuranceNew York Supreme Court · 1846
3Cited by16 opinions
- Ruse v. . the Mutual Benefit Life Insurance CompanyNew York Court of Appeals · 1861
- Baley v. . Homestead Fire Ins. Co.New York Court of Appeals · 1880
- Graham v. . Fireman's Insurance CompanyNew York Court of Appeals · 1881
- Chaffee v. . Cattaraugus County Mutual Insurance CompanyNew York Court of Appeals · 1858
- Smith v. Empire InsuranceNew York Supreme Court · 1857
11 more not listed; retrieve them via the Exa API.