Legal Opinion

King v. Tioga County Patrons' Fire-Relief Ass'n

Appellate Division of the Supreme Court of the State of New York

Decided November 22, 1898Published

Appeal from special term. Action by De Witt G. King against the Tioga County Patrons’ FireKelief Association. From a judgment in favor of plaintiff, defendant appeals.

1Opinion of the CourtPutnam, J.

The defendant, by its policy of insurance No. 1,436, insured certain real and personal property of the plaintiff’ for the term of five years from the 5th day of April, 1896. In the application for insurance the following questions were proposed to the insured and answers given; “Value of farm on which buildings are situated, $4,000. In whom is the title vested? D. C. King. Is it incumbered? No.” In the contract for insurance the application was referred to as “forming a part of this policy.” In fact, at the time the policy was issued, there was a mortgage on the buildings insured for the sum…

2Cases cited15 opinions

  1. Dwight v. . Germania Life Ins. Co.New York Court of Appeals · 1886
  2. Ripley v. . the &198tna Ins. Co.New York Court of Appeals · 1864
  3. Merrill v. . Agricultural Ins. Co.New York Court of Appeals · 1878
  4. Clemans v. Supreme Assembly Royal Society of Good FellowsNew York Court of Appeals · 1892
  5. Pratt v. . D.H.M.F. Ins. Co.New York Court of Appeals · 1891

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