Morrell v. . Irving Fire Insurance Co.

This action was commenced November 4, 1857, upon a policy of insurance, ■ issued by the appellant, for the sum of $3,000, upon a building situate in the city of Brooklyn, and which was destroyed by fire January 6, 1857. At the time of the lire the respondent held a valid unexpired policy of insurance for $2,000 upon the same building, issued by the Excelsior Eire Insurance Company. Each policy contained the usual clauses limiting the liability of the insurer to “ such ratable proportion of the loss or damage happening to the subject insured, as the amount insured by this company shall bear to…