Smith v. Agricultural Insurance
New York Court of Appeals
Appeal from judgment of tlie General Term of the Supreme Court in the fifth judicial department, entered upon an order made the first Tuesday of January, 1887, which affirmed a judgment in favor of plaintiff entered upon a verdict, and affirmed an order denying a motion for a new trial. Since September 3, 1877, Elton M. Smith has owned a farm of fifty acres in the town of Galen, in this state, upon which there is a farm-house and out-buildings.
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Appeal from judgment of tlie General Term of the Supreme Court in the fifth judicial department, entered upon an order made the first Tuesday of January, 1887, which affirmed a judgment in favor of plaintiff entered upon a verdict, and affirmed an order denying a motion for a new trial. Since September 3, 1877, Elton M. Smith has owned a farm of fifty acres in the town of Galen, in this state, upon which there is a farm-house and out-buildings. The defendant insured one of the barns for $600, and its contents for $500, against any damage, not exceeding the sums specified, that should be…
1Opinion of the Court
Follett, Ch. J.
This action was defended on the ground, among others, that the following conditions in the policy were violated by the insured-:(1) “ If the property, either real or personal, or any part thereof, shall be incumbered by mortgage, judgment or otherwise, it must be so represented to the company in the application, otherwise this entire policy and every part thereof shall be void.”(2) “ This policy of insurance is based upon a written application on file in the' company’s office, purporting to he signed by the applicant, or by his authority, and all statements contained therein…
2Cases cited1 opinion
- Merrill v. . Agricultural Ins. Co.New York Court of Appeals · 1878
3Cited by12 opinions
- Boatner v. Providence-Washington Ins. Co.Texas Commission of Appeals · 1922
- Donley v. . Glens Falls Ins. Co.New York Court of Appeals · 1906
- Knowles v. American Insurance Co. of BostonNew York Supreme Court · 1892
- Fowler v. Phœnix InsuranceOregon Supreme Court · 1899
- Benham v. Farmers' Mutual Fire InsuranceMichigan Supreme Court · 1911
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