Carroll v. Charter Oak Insurance
New York Court of Appeals
William Carroll sued defendants in the supreme court, on a fire insurance policy. On the trial plaintiff proved the issuing of a policy of insurance for one thousand dollars, upon a stock of goods, by the defendants, to Burns & Hughes, November 6, 1858, and by them assigned to Burns & Yance, with defendants’ consent, on November 39, 1858; also, a renewal receipt, dated November 6, 1859, signed by the president and secretary of the company.
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William Carroll sued defendants in the supreme court, on a fire insurance policy. On the trial plaintiff proved the issuing of a policy of insurance for one thousand dollars, upon a stock of goods, by the defendants, to Burns & Hughes, November 6, 1858, and by them assigned to Burns & Yance, with defendants’ consent, on November 39, 1858; also, a renewal receipt, dated November 6, 1859, signed by the president and secretary of the company. It was also shown that four other policies,tof dhe thousand dollars each, were subsequently issued to Burns & Yance by other companies. Only one thousand…
1Opinion of the Court
By the Court.
Miller, J.
Upon the trial of this action *319at the circuit, the plaintiff, for the purpose of obviating the objection made to his right to recover on account of the existence of other insurance not mentioned in or indorsed upon the policy, introduced testimony to show that when the agent of the defendant received the permission for the renewal of the policy issued to the plaintiff, he was notified of the existence of other policies of insurance upon the property. The evidence was objected to, and received; and its introduction involves the question whether the defendant, by means of…
2Cases cited10 opinions
- Trustees of the First Baptist Ch. v. . Brooklyn Fire Ins.New York Court of Appeals · 1859
- Sheldon v. . the Atlantic Fire and Marine Insurance Co.New York Court of Appeals · 1863
- Valton v. . the National Fund Life Assurance CompanyNew York Court of Appeals · 1859
- Harper v. . the Albany Mutual Insurance CompanyNew York Court of Appeals · 1858
- Frost v. Saratoga Mutual InsuranceNew York Supreme Court · 1848
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3Cited by2 opinions
- Hodge v. City of BuffaloSuperior Court of Buffalo · 1874
- Southwick v. MooreThe Superior Court of New York City · 1886