Hooper v. . the Hudson River Fire Insurance Company
New York Court of Appeals
Appeal from the Supreme Court. The defendant insured Hooper & Brother against damage by fire, to the amount of $2,500, on their stock of looking-glasses, looking-glass plates, frames, machines, tools and materials. The policy contained a provision that in case of any transfer or termination of the interest of the insured, either by sale or otherwise, without the written consent of the insurer, the policy should from thenceforth be void and of no effect.
Read the full summary
Appeal from the Supreme Court. The defendant insured Hooper & Brother against damage by fire, to the amount of $2,500, on their stock of looking-glasses, looking-glass plates, frames, machines, tools and materials. The policy contained a provision that in case of any transfer or termination of the interest of the insured, either by sale or otherwise, without the written consent of the insurer, the policy should from thenceforth be void and of no effect. On the 19th and 21st June, 1852, their entire stock in trade was sold upon execution, and purchased by the plaintiff jin this action, who, on…
1Opinion of the CourtPratt, J.
It was manifestly the intention of the parties to the policy in this case that it should cover, to the amount of the insurance, any goods of the character and description specified in the policy which, from time to time during its continuation, might be in the store. “ A policy for a long period, upon goods in a retail shop, applies to the goods successively in the shop, from time to time.” (1 Phil, on Ins., § 491; Ang. on Ins., § 203; Lane v. Maine Mutual Fire Insurance Company, 3 Fairf., 44.) Any other construction of a policy of insurance upon a. stock in trade continually changing, would…
2Cited by24 opinions
- Continental Insurance v. MunnsIndiana Supreme Court · 1889
- Commercial Union Assurance Co. v. ScammonIllinois Supreme Court · 1888
- Hall v. Niagara Fire InsuranceMichigan Supreme Court · 1892
- Benninghoff v. . Agricultural Ins. Co.New York Court of Appeals · 1883
- Buchanan v. . Exchange Fire Ins. Co.New York Court of Appeals · 1874
19 more not listed; retrieve them via the Exa API.