Ætna Insurance v. Jackson, Owsley & Co.
Court of Appeals of Kentucky
APPEAL FROM LOUISVILLE CHANCERY COURT. ON CROSS-ERRORS. The facts of the case are stated in the opinion of the court. Rep. Argued — 1. That the third condition of the policy of the /Etna Insurance Company only bound the company to become ratably responsible, in case of loss, on the absolute property of Jackson, Owsley ■& Co. There is no such provision in this policy, as is contained in other policies, for liability for the loss of property belonging to others.
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APPEAL FROM LOUISVILLE CHANCERY COURT. ON CROSS-ERRORS. The facts of the case are stated in the opinion of the court. Rep. Argued — 1. That the third condition of the policy of the /Etna Insurance Company only bound the company to become ratably responsible, in case of loss, on the absolute property of Jackson, Owsley ■& Co. There is no such provision in this policy, as is contained in other policies, for liability for the loss of property belonging to others. There is no such provision as “or whom it may concern.” There was taken by the assured eight polioies, covering sixty thousand dollars…
1Opinion of the CourtChief Justice Marshall
By an agreed case made in the Louisville Chancery Court, between Jackson, Owsley & Co. as plaintiffs, and the .¿Etna Insurance Company defendant, it appears that in 1850 the defendant issued a policy for one year, but annually renewed by payment of the premium, insuring Jackson, Owsley & Co. against loss or damage by fire, to the amount of five thous- and dollars on pork, lard, bacon, bulk meat, hogs hanging and otherways, salt, barrels, kegs, and all other articles composing the stock of a pork-house, contained in their pork-packing, lard, and smoke-houses, situated on the Bardstown…
2Cases cited3 opinions
- De Forest v. Fulton Fire InsuranceThe Superior Court of New York City · 1828
- Attwater v. FowlerThe Superior Court of New York City · 1828
- Franklin Fire Insurance v. Hewitt, Allison, & Co.Court of Appeals of Kentucky · 1842
3Cited by17 opinions
- Susan Hicks v. State Farm Fire & Casualty Co.Court of Appeals for the Sixth Circuit · 2020
- Goddard v. East Texas Fire InsuranceTexas Supreme Court · 1886
- Spring Garden Ins. v. Imperial Tobacco Co.Court of Appeals of Kentucky · 1909
- General Accident, Fire & Life Assurance Corp. v. Louisville Home Telephone Co.Court of Appeals of Kentucky · 1917
- Life Casualty Co. of Tennessee v. MetcalfCourt of Appeals of Kentucky (pre-1976) · 1931
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