Benedict v. . Ocean Insurance Company
New York Court of Appeals
Appeal from judgment of Hew York Common Pleas. The action was brought by the plaintiff, as assignee of August Janson, to recover the loss by fire of certain property insured by the defendants.
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Appeal from judgment of Hew York Common Pleas. The action was brought by the plaintiff, as assignee of August Janson, to recover the loss by fire of certain property insured by the defendants. The policy was dated the 13th Hovember, 1857, and for $70 premium insured Janson against loss or damage by fire to $2,000, $1,800 on his stock as a cabinet maker, and $200 on tools and benches, “ contained in the five story brick building, with tin roof, in the rear of 195 and 197 Christie street, Hew York.” ' It appeared on the trial before the Hon. Charles P. Daly, in the Hew York Common Pleas, in…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The only question in the case of any importance relates to the construction and meaning of the policy. In the written part of it, and following a statement of the subject and amount of insurance, is this clause: "Privilege for $4,500 additional insurance." One of the printed clauses is as follows: "If said assured or his assigns shall hereafter make any other insurance upon the same property, and shall not with all reasonable diligence give notice to this…
2Cited by12 opinions
- Piedmont & Arlington Life Insurance v. YoungSupreme Court of Alabama · 1877
- Scharles v. N. Hubbard Jr. & Co.Appellate Terms of the Supreme Court of New York · 1911
- Clifton v. Watuppa Reservoir Co.Massachusetts Supreme Judicial Court · 1922
- Hukle v. Great American InsuranceAppellate Division of the Supreme Court of the State of New York · 1930
- Whitwell v. Putnam Fire InsuranceNew York Supreme Court · 1872
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