Mead v. American Fire Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The American Fire Insurance Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Orleans on the 25tli day of May, 1896, Upon the decision of the court rendered after a trial at a Trial Term of the Supreme Court held in and for the county of Orleans before the court without a jury.
Read the full summary
Appeal by the defendant, The American Fire Insurance Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Orleans on the 25tli day of May, 1896, Upon the decision of the court rendered after a trial at a Trial Term of the Supreme Court held in and for the county of Orleans before the court without a jury. In the summer of 1894 one B. J. Cummings was the owner of a traveling circus, and in the autumn of that year he stored the property and paraphernalia of his establishment in several different places in the village of…
1Opinion of the Court
Adams, J.:
The policy in suit contains the following provision: “ This entire policy, unless otherwise provided by agreement indorsed hereon or added hereto, shall be void, if the insured now has, or shall hereafter make or procure any other contract of insurance, whether valid or not, on property covered in whole or in part by this policy.”
It does not appear that any agreement for additional insurance was indorsed upon the policy, nor is it claimed that the defendant ever consented that such additional insurance should be, or received any notice that it had been, obtained from the Springfield…
2Cases cited6 opinions
- Hoffman v. Ætna Fire InsuranceNew York Court of Appeals · 1865
- McMaster v. . Pres., Etc., Ins. Co. of N. Am.New York Court of Appeals · 1873
- Darrow v. . Family Fund SocietyNew York Court of Appeals · 1889
- Sanders v. . CooperNew York Court of Appeals · 1889
- Richmond v. . Niagara Fire Ins. Co.New York Court of Appeals · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Perretta v. St. Paul Fire & Marine InsuranceNew York Supreme Court · 1919
- Wells v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1897
- Morgan v. Merchants' Co-operative Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1900
- Sternaman v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1900