Fox v. Phenix Fire Ins.
Supreme Judicial Court of Maine
On Exceptions from Nisi Prius, Davis, J., presiding. Assumpsit on a policy of insurance against fire. The policy covered all the buildings occupied by the mortgager, when in fact he owned and mortgaged to the plaintiffs’ testate only a portion of them. The defendants contended that the plaintiffs, having insured what they had no interest in, the policy was void.
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On Exceptions from Nisi Prius, Davis, J., presiding. Assumpsit on a policy of insurance against fire. The policy covered all the buildings occupied by the mortgager, when in fact he owned and mortgaged to the plaintiffs’ testate only a portion of them. The defendants contended that the plaintiffs, having insured what they had no interest in, the policy was void. The defendants filed a motion to set aside the verdict as being against the weight of evidence in the case; but the view taken by the Court renders a report of the evidence unnecessary. The remaining facts sufficiently appear in the…
1Opinion of the Court
The opinion of the Court was drawn by
Davis, J.
The plaintiffs, as executors of the will of Hezekiah Winslow, insured a mortgagee’s interest in certain buildings and machinery, in the defendant company. *334Daniel C. Emery, another mortgagee, whose mortgage was of a later date, but was recorded earlier, also had a policy of insurance, issued by another company, upon the same property.
In the plaintiffs’ policy there is a provision that, " in case of any other contract of insurance upon the property hereby insured, whether such other contract shall be valid or not, as against the parties thereto, the…
2Cases cited1 opinion
- Tyler v. Ætna Fire InsuranceNew York Supreme Court · 1834
3Cited by11 opinions
- Carpenter v. Continental InsuranceMichigan Supreme Court · 1886
- Traders' Insurance v. PacaudIllinois Supreme Court · 1894
- Bailey v. American Cent. Ins.United States Circuit Court · 1882
- Lubetsky v. Standard Fire InsuranceMichigan Supreme Court · 1922
- Cannon v. Home Insurance Co. of New OrleansSupreme Court of Louisiana · 1897
6 more not listed; retrieve them via the Exa API.