Schenck v. Mercer County Mutual Fire Insurance
Supreme Court of New Jersey
This was an action on a policy of insurance tried at the Monmouth Circuit before Justice Potts. A verdict was rendered for tbe plaintiff. A rule was granted to show cause why the verdict should not be set aside and a new trial granted. The facts upon which the questions arose were stated in the opinion of the court, delivered by Justice Potts.
1Opinion of the CourtPotts, J.
Two several policies of insurance against fire were issued by the defendants, the first on the 20th June, 1846, to Schenck and Thompson, for §2500; the second on the 1st September, 1847, to Schenck, for §1200. The property insured was that at the time known as the Pavilion, at Keyport. In 1848 a policy of insurance was obtained on tbe same property from the Clinton Company, at Newark, for §2000. Some alterations were made subsequent to the insurances, and on the 10th of August, 1851, the buildings insured were burned, tbe loss being total, and exceeding the whole amount insured. The…
2Cases cited3 opinions
- Stetson v. Massachusetts Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1808
- Duncan v. Sun Fire InsuranceNew York Supreme Court · 1831
- Stebbins v. Globe InsuranceThe Superior Court of New York City · 1829
3Cited by3 opinions
- Heake v. Atlantic Casualty Ins. Co.New Jersey Superior Court Appellate Division · 1954
- Clark-McCaffrey, Etc., Co. v. Nat. Fire Ins. Co.New Jersey Superior Court Appellate Division · 1954
- Goldman v. Piedmont Fire Ins. Co.Court of Appeals for the Third Circuit · 1952