Legal Opinion

Perry v. Caledonian Insurance

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1905PublishedCited by 8 opinions

Appeal by the defendant, the Caledonian 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 Rensselaer on the 29th day of October, 1903, upon the decision of the court rendered after a trial at the Rensselaer Trial Term, certain questions of fact having been submitted to a jury, and also from an order entered in said clerk’s office on the 27tli day of October, 1903, denying the defendant’s…

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Appeal by the defendant, the Caledonian 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 Rensselaer on the 29th day of October, 1903, upon the decision of the court rendered after a trial at the Rensselaer Trial Term, certain questions of fact having been submitted to a jury, and also from an order entered in said clerk’s office on the 27tli day of October, 1903, denying the defendant’s motion for a new trial made ujDon the minutes.

1Opinion of the Court

Houghton, J.:

On the lOtli of January, 1900, the defendant issued a standard fire insurance policy to the plaintiff, insuring certain personal property against loss by fire. The policy contained no provision permitting othey insurance, and provided that it should be void in case other insurance was obtained without an express permit indorsed thereon. On the first day of February following the plaintiff obtained other insurance upon the property without obtaining such permission. On the twenty-third of April following the property was totally destroyed by fire, and on the twenty-eighth day of…

2Cases cited6 opinions

  1. More v. New York Bowery Fire InsuranceNew York Court of Appeals · 1892
  2. Gibson Electric Co. v. Liverpooland London & Globe InsuranceNew York Court of Appeals · 1899
  3. Manchester v. . Guardian Assurance Co.New York Court of Appeals · 1896
  4. Peabody v. . SatterleeNew York Court of Appeals · 1901
  5. Baumgartel v. Providence Washington InsuranceNew York Court of Appeals · 1893

1 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Sinincrope v. Hartford Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1923
  2. Black Star Line, Inc. v. Baltica InsuranceAppellate Division of the Supreme Court of the State of New York · 1927
  3. Clover Crest Stock Farm, Inc. v. Wyoming Valley Fire InsuranceNew York Supreme Court · 1919
  4. Coleman Capital Corporation v. Travelers Indemnity CompanyCourt of Appeals for the Second Circuit · 1971
  5. Greenwich Bank v. Hartford Fire Insurance Co. of HartfordNew York Supreme Court · 1926

3 more not listed; retrieve them via the Exa API.

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