13 Wend. 92 | N.Y. Sup. Ct. | 1834
By the Court,
The only question in this case is, whether the survey furnished by the plaintiff is to have the effect of a warranty, or of a representation. This question must be considered as settled on authority in this court. It arose and was decided in The Jefferson Ins. Co. v. Cotheal, 7 Wendell, 72. That was an action upon a policy for $5000,on a steam saw-mill, built of wood, situate on the river Nantikoke, nearVienna,inthe state of Maryland, as describedinreport No. 193. In the application for insurance, it was described as 130
New trial denied.