Legal Opinion

Mercantile Ins. v. Union Stock Yards Co.

Court of Appeals of Kentucky

Decided May 5, 1905PublishedCited by 12 opinions

Case 59. — ACTION BY THE UNION STOCKYARD'S CO.,' AGAINST THE NORTH BRITISH MERCANTILE IN'S. 00., OF LONDON AND EDINBURG ON A POLICY OF INSURANCE. Appeal from Jefferson Circuit, Court, Common Pleas Branch (First Division). Emmett Field, Judge. Judgment for Plaintiff. Defendant appeals.

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Case 59. — ACTION BY THE UNION STOCKYARD'S CO.,' AGAINST THE NORTH BRITISH MERCANTILE IN'S. 00., OF LONDON AND EDINBURG ON A POLICY OF INSURANCE. Appeal from Jefferson Circuit, Court, Common Pleas Branch (First Division). Emmett Field, Judge. Judgment for Plaintiff. Defendant appeals. POINTS AND AUTHORITIES. 1. Where the insured applied1 to the insurer for permission to store baled rages on the premises, and the permit was given in consideration of an extra premium paid; and afterward the insured demanded the return of the unearned extra premium and represented that all the rags had been…

1Opinion of the Court

Opinion by

Judge O’Rear

Affirming.

Appellee, Union Stockyards Company, owned a lot of land in the eastern part of Louisville, about 200 feet square, on wbicb were situated tbeir stock pens and a 2% story brick bouse. An insurance against loss by fire was effected by policies written by several different companies, including one by appellant company, which is in suit. The stock pens constituted a frame building or shed, two stories high.. On the ground floor were stalls'for cattle or horses; on the second floor were pens for sheep. Some time after the policy was issued, appellee rented the brick…

2Cited by12 opinions

  1. Sumter Tobacco Warehouse Co. v. Phoenix Assurance Co.Supreme Court of South Carolina · 1907
  2. National Union Fire Ins. Co. of Pittsburgh v. RichardsCourt of Appeals of Texas · 1927
  3. Royal Exch. Assur. v. ThrowerCourt of Appeals for the Fifth Circuit · 1917
  4. Schaffer v. Hampton Farmers Mutual Fire InsuranceSupreme Court of Minnesota · 1931
  5. Patriotic Ins. Co. of America v. FranciscusCourt of Appeals for the Eighth Circuit · 1932

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