Healey v. Imperial Fire Insurance
Nevada Supreme Court
Appeal from the District Court of the First Judicial District, Storey County. The policy of fire insurance, upon which this action was brought, was upon a frame dwelling house on North F Street, Virginia City, for one thousand five hundred dollars, and upon furniture therein for three thousand dollars.
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Appeal from the District Court of the First Judicial District, Storey County. The policy of fire insurance, upon which this action was brought, was upon a frame dwelling house on North F Street, Virginia City, for one thousand five hundred dollars, and upon furniture therein for three thousand dollars. Nearly all the property, alleged to have been worth ten thousand dollars; was destroyed by fire on January 3d, 1869; and this suit was instituted April 1st, 1869. The jury returned a verdict in favor of plaintiff for four thousand five hundred dollars. Defendant’s motion for a new trial was…
1Opinion of the Court
By the Court,
WHITMAN, J.:
In this case respondent brought action to recover loss by fire of certain property insured by appellant, who defended upon several grounds, one only of which is now urged, and that is, the violation by respondent of stipulation number seven, referred to in, and made a part of, appellant’s policy of insurance, as follows:
“ That persons who have insured property with this company shall give notice of any other insurance already made, or which shall afterwards be made elsewhere on the same property, so that a memorandum of such other insurance may be indorsed on the…
2Cases cited5 opinions
- Carpenter v. Providence Washington InsuranceSupreme Court of the United States · 1842
- Brady v. North Western InsuranceMichigan Supreme Court · 1863
- Bigler v. . New York Central Insurance CompanyNew York Court of Appeals · 1860
- Wilson v. . the Genesee Mutual Insurance CompanyNew York Court of Appeals · 1856
- Gilbert v. Phœnix InsuranceNew York Supreme Court · 1862
3Cited by13 opinions
- Merchants' Planters' Ins. Co. v. MarshSupreme Court of Oklahoma · 1912
- New Orleans Insurance v. GriffinTexas Supreme Court · 1886
- Rothschild v. American Central InsuranceSupreme Court of Missouri · 1876
- Laclede Fire-Brick Manuf'g Co. v. Hartford Steam-Boiler Inspection & Ins.Court of Appeals for the Eighth Circuit · 1894
- Violin v. Fireman's Fund InsuranceNevada Supreme Court · 1965
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