Vose v. Hamilton Mutual Insurance
New York Supreme Court
PPEAL by the defendant from a judgment entered upon the report of a referee. The action was upon a policy of insurance issued by the defendant on the 1st of May, 1852, for $2500 for three years, upon the stock in trade in Ho. 146 River street, Troy, consisting chiefly of ready made clothing.
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PPEAL by the defendant from a judgment entered upon the report of a referee. The action was upon a policy of insurance issued by the defendant on the 1st of May, 1852, for $2500 for three years, upon the stock in trade in Ho. 146 River street, Troy, consisting chiefly of ready made clothing. The 18th article of the policy provided that “in case any other policy of insurance has been or shall be issued covering the whole or any portion of the property insured by this company,” the policy issued by the defendant should be. void, unless the company had notice thereof and gave a consent in…
1Opinion of the CourtPeckham, J.
It appeared on the trial that the goods in store Ho. 148, after removal, were one consolidated stock, not kept separate, but replenished from time to time up to the fire. The question is did these facts constitute a violation of that provision of the policy forbidding double insurance except by consent.
That there was a double insurance in fact and in law is clear, from the time the goods in Ho. 146 were removed to Ho. 148. The two policies then attached to the consolidated stock and also to all goods purchased from time to time to replenish it. (1 Phil. on Ins. 5, 491. Angell on Ins. § 203.…
2Cases cited1 opinion
- Hooper v. . the Hudson River Fire Insurance CompanyNew York Court of Appeals · 1858
3Cited by3 opinions
- Sloat v. Royal InsuranceSupreme Court of Pennsylvania · 1864
- Mead v. American Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1897
- Stacy v. New Baltimore Mutual Insurance Ass'nAppellate Division of the Supreme Court of the State of New York · 1918