De Witt v. . Agricultural Ins. Co.
New York Court of Appeals
Appeal from a judgment of the late General Term of the Supreme Court in the second judicial department, entered August 12, 1895, affirming a judgment in favor of plaintiff entered upon the report of a referee. This action was brought upon a policy of fire insurance issued by the defendant. The facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the late General Term of the Supreme Court in the second judicial department, entered August 12, 1895, affirming a judgment in favor of plaintiff entered upon the report of a referee. This action was brought upon a policy of fire insurance issued by the defendant. The facts, so far as material, are stated in the opinion. The policy, upon the making of the indorsement of December 27,1892, recognizing George E. Nichols as owner of the policy and the property mentioned as insured thereunder, became void by reason 'of the condition of the policy prohibiting other…
1Opinion of the Court
Parker, Oh. J.
The defendant insists that it is not legally liable to the plaintiff under the policy of insurance upon which this action is founded. Its claim is that the insured therein, at the time he became such, had another policy of insurance covering the same property, and hence this policy became void at the moment the indorsement was placed upon it declaring George E. Nichols, this plaintiff’s assignor, to be the owner of the property and of the policy. There was no attempt on the part of Nichols, or of any of the other parties having to do with either of the policies, at any stage of…
2Cases cited3 opinions
- Kernochan v. . the New-York Bowery Fire Insurance CompanyNew York Court of Appeals · 1858
- Springfield Fire & Marine Insurance v. AllenNew York Court of Appeals · 1871
- Lowell Manufacturing Co. v. Safeguard Fire InsuranceNew York Court of Appeals · 1882
3Cited by6 opinions
- Loftis v. Stuyvesant Insurance Co.Court of Appeals of Tennessee · 1965
- Smith v. Northern InsuranceAppellate Division of the Supreme Court of the State of New York · 1931
- Suetterlein v. Northern InsuranceNew York Court of Appeals · 1929
- United National Insurance v. Mundell Terminal Services, Inc.District Court, W.D. Texas · 2012
- Langdon v. Cambridge Mutual Fire Insurance Co.Tennessee Supreme Court · 1972
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