Legal Opinion

Hubbard & Spencer v. Hartford Fire Ins.

Supreme Court of Iowa

Decided January 27, 1871PublishedCited by 60 opinions

Appeal from, Ha/rdm District Court. Action upon a policy of insurance issued to C. K. Howe against loss by fire to tbe amount of $2,800 on his stock of hardware and tinware, and, subsequently to the destruction of the property insured by fire, assigned to plaintiffs. Upon a trial to a jury there was a verdict and a judgment thereon for the amount of the policy and interest. Defendant appeals. The facts of the case are set out in the opinion.

1Opinion of the CourtBeck, J.

1. commencement of policy. i. Insurance : The policy, which is the foundation of this action, contains a condition in the following words: “ If the assured shall have or shall hereafter make any other insurance upon the property hereby insured, without the consent of the company written hereon, in such case this policy shall be void.” As a defense the defendant alleges that, in violation of this. condition, the insured, Howe, did cause the property to be insured by a policy issued by the Phoenix Insurance Company, January 21, 1867. The policy sued on is dated January 19, 1867.

It appears from…

2Cases cited7 opinions

  1. Carpenter v. Providence Washington InsuranceSupreme Court of the United States · 1842
  2. Bigler v. . New York Central Insurance CompanyNew York Court of Appeals · 1860
  3. Conover v. Mutual InsuranceNew York Supreme Court · 1846
  4. Stacey v. Franklin Fire InsuranceSupreme Court of Pennsylvania · 1841
  5. Philbrook v. New England Mutual Fire InsuranceSupreme Judicial Court of Maine · 1853

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3Cited by60 opinions

  1. Pitney v. . Glen's Falls Insurance Co.New York Court of Appeals · 1875
  2. Security Ins. Co. of New Haven v. CameronSupreme Court of Oklahoma · 1922
  3. Hanover Fire Insurance v. B. C. Lewis & SonsSupreme Court of Florida · 1891
  4. Anfenson v. BanksSupreme Court of Iowa · 1917
  5. Fuller & Co. v. HuntSupreme Court of Iowa · 1878

55 more not listed; retrieve them via the Exa API.

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