Mellen v. . the Hamilton Fire Insurance Company
New York Court of Appeals
Appeal from the Superior Court of New-York city. Action upon a policy of insurance against fire for $2,000, issued by the defendant to one Mark O’Brien. The answer set up that O’Brien, without the knowledge or assent of the defendant, had procured further insurance upon the same property covered by this policy, and that the insurance upon said property thereby became in excess of the real value thereof.
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Appeal from the Superior Court of New-York city. Action upon a policy of insurance against fire for $2,000, issued by the defendant to one Mark O’Brien. The answer set up that O’Brien, without the knowledge or assent of the defendant, had procured further insurance upon the same property covered by this policy, and that the insurance upon said property thereby became in excess of the real value thereof. Upon the trial before Mr. Justice Slosson. and a jury, it was proved that O’Brien was a retail dealer in dry goods in New-York city, where the defendant has its location and office. He…
1Opinion of the Court
■The court, all the judges except Roosevelt, J., concurring, affirmed the judgment, for the reasons stated by the late.Mr. Justice Dues, in the court below, which were as follows:
Duer, Justice.
The objections taken on the trial to the sufficiency of the preliminary proofs, and to the right of the plaintiff to maintain the action in his own name, were very properly abandoned on the argument before us. Where an action is brought by a trustee, in whom the legal title is vested, it is certainly not necessary that the cestuis que trust should be made parties, either as plaintiffs or defendants,…
2Cited by24 opinions
- Alabama State Mutual Assurance Co. v. Long Clothing & Shoe Co.Supreme Court of Alabama · 1898
- Foster v. Fidelity & Casualty Co.Wisconsin Supreme Court · 1898
- Viking Pump, Inc. v. Century Indemnity Co.Court of Chancery of Delaware · 2009
- Arff v. Star Fire InsuranceNew York Court of Appeals · 1890
- Bigler v. . New York Central Insurance CompanyNew York Court of Appeals · 1860
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