Arff v. Star Fire Insurance
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made at the July term, 1888, which affirmed"a judgment in favor of defendant entered upon a decision of the court on trial at Circuit. The nature of the action and the facts, so far as material, are stated in the opinion. The policy is not avoided by reason of its being mentioned and inserted by mistake in the proofs of loss that the property was incumbered.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made at the July term, 1888, which affirmed"a judgment in favor of defendant entered upon a decision of the court on trial at Circuit. The nature of the action and the facts, so far as material, are stated in the opinion. The policy is not avoided by reason of its being mentioned and inserted by mistake in the proofs of loss that the property was incumbered. (Dresser v. U. F. Ins. Co., 12 N. Y. S. R. 434.) As the policy in this case does not provide in what manner notice of…
1Opinion of the CourtPeckham, J.
This is an action to recover upon a policy of insurance issued by the defendant upon certain personal property belonging to the plaintiff. A loss having occurred, .and plaintiff having made a demand upon defendant for payment under th^ policy, the defendant refused to pay because it •appeared that other insurance had been taken subsequent to "the issuing of the policy in question, and, as defendant claimed, no notice had been given to it of the taking of such insurance. There was a clause in the policy by which the plaintiff “ agreed to notify the company if, at the making of this insurance,…
2Cases cited3 opinions
- Bodine v. . Exchange Fire Ins. Co.New York Court of Appeals · 1872
- Mellen v. . the Hamilton Fire Insurance CompanyNew York Court of Appeals · 1858
- Wilson v. . the Genesee Mutual Insurance CompanyNew York Court of Appeals · 1856
3Cited by28 opinions
- American Casualty Co. v. RicasCourt of Appeals of Maryland · 1941
- Carpenter v. German American InsuranceNew York Court of Appeals · 1892
- Harnden v. Milwaukee Mechanics' InsuranceMassachusetts Supreme Judicial Court · 1895
- Aetna Life Insurance v. FallowTennessee Supreme Court · 1903
- Springfield Fire Insurance v. PriceSupreme Court of Georgia · 1909
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