Legal Opinion

Clay Fire & Marine Stock Insurance v. Beck

Court of Appeals of Maryland

Decided December 15, 1875PublishedCited by 9 opinions

Appeal from the Superior Court of Baltimore City. This action was brought hy the appellees on a policy of insurance executed hy the appellant, for the sum of $2500, being $1500 on the furniture factory, leasehold property, which belonged to the appellee, George Beck, and $1000 on the stock of lumber contained in the appellees’ lumber yard, adjoining the factory. The policy was dated the 1st of September, 1813, and was to continue in force for the period of one year.

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Appeal from the Superior Court of Baltimore City. This action was brought hy the appellees on a policy of insurance executed hy the appellant, for the sum of $2500, being $1500 on the furniture factory, leasehold property, which belonged to the appellee, George Beck, and $1000 on the stock of lumber contained in the appellees’ lumber yard, adjoining the factory. The policy was dated the 1st of September, 1813, and was to continue in force for the period of one year. The policy sued on contained the condition that, “If the interest of the assured in the property be any other than the entire,…

1Opinion of the CourtMiller, J.

The policy sued on in this case contains a condition that “if the-interest of the assured, in the property be any other than the entire, unconditional and sole ownership of the property for the use and benefit of the insured, it must be so represented to the company, and so expressed in the written part of this policy, otherwise the policy shall be void,” and the sole question presented by this appeal is, did the failure to represent, and have so expressed, the fact that incumbrances by way of mortgage existed upon the insured building, at the time of the insurance, avoid the policy under…

2Cases cited2 opinions

  1. Washington Fire Insurance v. KellyCourt of Appeals of Maryland · 1870
  2. Bowman v. Franklin Fire InsuranceCourt of Appeals of Maryland · 1874

3Cited by9 opinions

  1. Hartford Fire Insurance v. KeatingCourt of Appeals of Maryland · 1897
  2. Medley v. German Alliance InsuranceWest Virginia Supreme Court · 1904
  3. Phœnix Insurance v. Public Parks Amusement Co.Supreme Court of Arkansas · 1896
  4. Mokotock Insurance v. Rodefer Bros.Supreme Court of Virginia · 1896
  5. Westchester Fire Insurance v. WeaverCourt of Appeals of Maryland · 1889

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