Mutual Insurance v. Conover

New York Court of Appeals

Mutual Insurance v. Conover

1 How. App. Cas. 604

DecidedApril 15, 1848

StatusPublished

This text of 1 How. App. Cas. 604 (Mutual Insurance v. Conover) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mutual Insurance v. Conover, 1 How. App. Cas. 604 (N.Y. 1848).

Pincite

Opinion

Decision—judgment affirmed, unanimously.

Note.—Johnson, J. Held, that whether there was a variance between the declaration and proof was not material to inquire, as it was at most only such a one as the circuit judge might properly disregard on the trial, and upon which no bill of exceptions would lie.

That the consent, of the assignment of the policy by the secretary, to enable the plaintiff to procure a loan by a mortgage upon the insured property, was binding upon the company.

Gray, J., in a short opinion, expressed substantially the same views.

Reported 1 Comstock, 290.

Free access — add to your briefcase to read the full text and ask questions with AI

Decision—judgment affirmed, unanimously.

Note.—Johnson, J. Held, that whether there was a variance between the declaration and proof was not material to inquire, as it was at most only such a one as the circuit judge might properly disregard on the trial, and upon which no bill of exceptions would lie.

That the consent, of the assignment of the policy by the secretary, to enable the plaintiff to procure a loan by a mortgage upon the insured property, was binding upon the company.

Gray, J., in a short opinion, expressed substantially the same views.

Reported 1 Comstock, 290.

Cite This Page — Counsel Stack

Bluebook (online)

1 How. App. Cas. 604, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mutual-insurance-v-conover-ny-1848.