Bigler v. . New York Central Insurance Company
New York Court of Appeals
Appeal from the Supreme Court. Action on a policy of insurance against fire. On the trial these facts appeared: On the 5th of September, 1851, the plaintiffs, being the owners of a steam saw-mill, in the town of Union, Broome county, in this State, effected an insurance thereon with the defendant, in the sum of $1,000. Thereupon the defendant issued to them a fixe policy in the usual form, and which contained this stipulation: “AnJ if the said insured, or their assigns,…
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Appeal from the Supreme Court. Action on a policy of insurance against fire. On the trial these facts appeared: On the 5th of September, 1851, the plaintiffs, being the owners of a steam saw-mill, in the town of Union, Broome county, in this State, effected an insurance thereon with the defendant, in the sum of $1,000. Thereupon the defendant issued to them a fixe policy in the usual form, and which contained this stipulation: “AnJ if the said insured, or their assigns, shall hereafter make any other insurance and shall not, with all reasonable diligence, give notice to the secretary and have…
1Opinion of the CourtDavies, J.
The only question presented for our consideration is, whether the plaintiffs, in the face of the conceded violation of their agreement with the defendants, can recover on this policy. That agreement was, that in case they should effect any other insurance upon the property covered by the defendants’ policy, then the defendants’ policy was to cease and be of no further effect, unless the plaintiffs should give notice to the secretary of the defendants of such further insurance, and have the same indorsed on the policy, or have the same otherwise acknowledged in writing by the corporation.
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2Cases cited3 opinions
- Carpenter v. Providence Washington InsuranceSupreme Court of the United States · 1842
- Mellen v. . the Hamilton Fire Insurance CompanyNew York Court of Appeals · 1858
- Westlake v. St. Lawrence County Mutual InsuranceNew York Supreme Court · 1852
3Cited by27 opinions
- Viele v. Germania InsuranceSupreme Court of Iowa · 1868
- Hubbard & Spencer v. Hartford Fire Ins.Supreme Court of Iowa · 1871
- Germania Fire Insurance v. KlewerIllinois Supreme Court · 1889
- Continental Insurance v. CoxIllinois Supreme Court · 1879
- Healey v. Imperial Fire InsuranceNevada Supreme Court · 1869
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