Funke v. Orient Mutual Insurance
The Superior Court of New York City
An appeal from a' judgment entered for the plaintiffs against the defendants, The Orient Mutual Insurance Company, December 27, 1870, for eighteen thousand one hundred and forty-two dollars and thirty-six cents, upon a verdict and from an order denying a motion for a new trial.
Read the full summary
An appeal from a' judgment entered for the plaintiffs against the defendants, The Orient Mutual Insurance Company, December 27, 1870, for eighteen thousand one hundred and forty-two dollars and thirty-six cents, upon a verdict and from an order denying a motion for a new trial. This action was brought for an alleged marine loss upon a policy of the Orient Mutual Insurance Company, issued on September 5, 1867, to the defendant, Herman Sturm, at and from New York to Vera Crhz, upon all kinds of lawful goods and merchandise, specifying military goods, and merchandise free of claim for particular…
1Opinion of the Court
By the Court.—Speir, J.
The company sets up in the answer that Herman Sturm, at the time he applied for the policy, made representations as to the value and character of the cargo, which were false and fraudulent, to induce the company to make the insurance, and that the policy was issued by it on the strength of such representations. That the valuation of said goods made by Sturm or his agents were ficti-, ■tious and .excessive, and that the. representations as to *355the prices paid by him for said goods, referred to pretended sales at nominally fictitious and illusory prices.
Other questions…
2Cases cited1 opinion
- Le Roy v. United InsuranceNew York Supreme Court · 1811