New York Supreme Court December 5, 1853 (Burgher v. Columbian Insurance Co. of Philadelphia)

By the Court, Edmonds, P. J,

The complaint in this dase is filed to recover a joint loss on an insurance of a joint interest. The proof is of a separate insurance by Burgher, and the interest of Lacour in the subject insured was never mentioned or alluded to in any of the transactions with the. defendants, even down to the preliminary proofs. I am of opinion that this is a fatal variance.