Merrill v. . Agricultural Ins. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 10 Hun, 423.) This action was upon a policy of fire insurance.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 10 Hun, 423.) This action was upon a policy of fire insurance. The policy was issued in April, 1873. It insured the plaintiff as follows: “ Against loss or damage by fire or lightning, to the amount of $6,000, on the following property, as described in the application and survey, bearing even date herewith, and which is hereby referred to as forming part of this policy, viz.: $1,000 on dwelling-house and…
1Opinion of the CourtFolger, J.
One of the points presented for a reversal of judgment, is, that the plaintiff made a warranty to the defendant that she had a grant in fee of a freehold estate in the buildings. This contention arises upon a question and an answer in the application for insurance. The question was, “ What is your title to, or interest in, the property ?” The answer was in a single word, “ deed.” It is claimed that this answer imported that she possessed ail unqualified grant in fee of a freehold estate. We do not think that the single word “ deed,” thus used, must, of necessity, have that meaning alone. In…
2Cases cited8 opinions
- Perkins v. HartSupreme Court of the United States · 1826
- Loehner v. Home Mutual InsuranceSupreme Court of Missouri · 1852
- Koontz v. Hannibal Savings & InsuranceSupreme Court of Missouri · 1868
- Augustus v. SeaboltCourt of Appeals of Kentucky · 1860
- Chaffee v. . Cattaraugus County Mutual Insurance CompanyNew York Court of Appeals · 1858
3 more not listed; retrieve them via the Exa API.
3Cited by61 opinions
- Southern Fire Insurance v. KnightSupreme Court of Georgia · 1900
- Havens v. Home InsuranceIndiana Supreme Court · 1887
- Herrman v. . Adriatic Fire Insurance Co.New York Court of Appeals · 1881
- Higham v. HarrisIndiana Supreme Court · 1886
- Phenix Insurance v. PickelIndiana Supreme Court · 1889
56 more not listed; retrieve them via the Exa API.