Associated Firemen's Insurance v. Assum
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore city. Covenant by the appellee against the appellant on a policy of insurance, made 10th of October 1850, for one year, and afterwards continued for another year. By agreement all errors in pleading were waived, and leave given to each party to offer any evidence admissible under any state of pleading. Exception.
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Appeal from the Superior Court of Baltimore city. Covenant by the appellee against the appellant on a policy of insurance, made 10th of October 1850, for one year, and afterwards continued for another year. By agreement all errors in pleading were waived, and leave given to each party to offer any evidence admissible under any state of pleading. Exception. The plaintiff offered in evidence the policy sued on, which insured him “against loss or damage by fire to the amount of $1000, say $700 on stock of books and stationery, and $300 on music, musical instruments, fancy goods, bronze powder…
1Opinion of the CourtMason, J.
The court are of opinion this judgment ought to be feversed. A majority of the court think that the proper construction of the covenant is, that if any part of the goods mentioned therein was afterwards insured in any other insurance office without notice to the appellants, as provided in the covenant, the policy thereby becomes void and of no effect, and therefore it was error in the court below to refuse the instruction asked for by the appellants.
While 1 concur with the court that the judgment ought to be reversed, I base my opinion upon different grounds. Although there was but one policy…
2Cited by13 opinions
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- Bowman v. Franklin Fire InsuranceCourt of Appeals of Maryland · 1874
- Joffe v. Niagara Fire InsuranceCourt of Appeals of Maryland · 1911
- Sloat v. Royal InsuranceSupreme Court of Pennsylvania · 1864
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