Legal Opinion

Malley v. Atlantic Fire & Marine Insurance

Supreme Court of Connecticut

Decided July 27, 1883PublishedCited by 9 opinions

Action upon a policy of fire insurance on a stock of merchandise; brought to the Superior Court. The following facts were found by the court. * On the 12th day of May, 1881, the defendant corporation, in consideration of twenty-five dollars paid to it by the plaintiff, issued to him a policy of insurance against fire on a stock of goods owned by him; the first clause of the policy being as follows:— “ By this policy of insurance the Atlantic Fire and Marine Insurance Co.,…

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Action upon a policy of fire insurance on a stock of merchandise; brought to the Superior Court. The following facts were found by the court. * On the 12th day of May, 1881, the defendant corporation, in consideration of twenty-five dollars paid to it by the plaintiff, issued to him a policy of insurance against fire on a stock of goods owned by him; the first clause of the policy being as follows:— “ By this policy of insurance the Atlantic Fire and Marine Insurance Co., Providence, R. I., in consideration of twenty-five dollars to them paid by the assured hereinafter named, the receipt…

1Opinion of the CourtPardee, J.

This is an action upon a policy of insurance against loss by fire. On the 12th day of May, 1881, the defendant executed and delivered to the plaintiff a policy of insurance against loss by fire, upon his stock of merchandise, for the sum of $2,500, to continue in force one year from that date. It provided that “if the interest of the assured in the property be any other than the entire, unconditional, sole ownership of the property, for the use and benefit of the assured, * * it must be so represented to the company and so expressed in the written part of this policy; otherwise the policy…

2Cases cited3 opinions

  1. Whitcomb v. ConverseMassachusetts Supreme Judicial Court · 1875
  2. Cowan v. Iowa State InsuranceSupreme Court of Iowa · 1875
  3. Livingston v. BlanchardMassachusetts Supreme Judicial Court · 1881

3Cited by9 opinions

  1. Wallis v. Southern Pacific Co.California Supreme Court · 1921
  2. State v. JohnsonSupreme Court of Rhode Island · 1978
  3. Germania Fire Insurance v. Home InsuranceNew York Court of Appeals · 1894
  4. Mechanics' & Traders' Ins. Co. v. DavisCourt of Appeals of Texas · 1914
  5. New York Commercial Co. v. FrancisCourt of Appeals for the Second Circuit · 1900

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