Granger v. Howard Insurance
New York Supreme Court
Demurrer to declaration. The declaration contains two counts: in the first, it is stated that on the 16th October, 1828, the defendants entered into a policy of insurance, whereby, for the premium of $9,75, they engaged to insure one John Van Velzer against loss or damage by fire, to the amount of $1300, upon two buildings, to wit, $! 200 upon a dwelling house and $100 upon a stable and waggon house, for the period of one year, specifying the terms and conditions of the…
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Demurrer to declaration. The declaration contains two counts: in the first, it is stated that on the 16th October, 1828, the defendants entered into a policy of insurance, whereby, for the premium of $9,75, they engaged to insure one John Van Velzer against loss or damage by fire, to the amount of $1300, upon two buildings, to wit, $! 200 upon a dwelling house and $100 upon a stable and waggon house, for the period of one year, specifying the terms and conditions of the insurance, and, amongst others, that the interest of the assured was not assignable unless by consent of the defendants…
1Opinion of the Court
*202 By the Court,
Savage, Ch. J.
1. It is objected that the counts d° not specify the nature or extent of the plaintiff’s interest. In 2 Marshall, 682, it is said : “ The averment of interest in the insured may be either general or special: under a general averment of interest, the plaintiff may give in evidence any interest he may have in the thing insured; but if the interest be averred specially, it must be. proved as stated. The general averment is therefore in most cases to be preferred.” The counts in this case are in the usual form, that the plaintiff was interested in the subject matter…
2Cited by25 opinions
- Aurora Fire Insurance v. JohnsonIndiana Supreme Court · 1874
- Quarrier v. Peabody Insurance Co.West Virginia Supreme Court · 1877
- Fall v. HazelriggIndiana Supreme Court · 1874
- Simeral v. Dubuque Mutual Fire InsuranceSupreme Court of Iowa · 1865
- Travis v. Peabody InsuranceWest Virginia Supreme Court · 1886
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