Train v. . Holland Purchase Ins. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department affirming a judgment in favor of plaintiff, entered upon a verdict.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department affirming a judgment in favor of plaintiff, entered upon a verdict. This action was upon a policy of insurance issued by the defendant, by its terms for three years from March 21,. 1873. It is reported upon a former appeal in 62 Mew York, 598. The policy contained these clauses: “ In case the insured shall already have other insurance against loss by fire on the property insured not notified to this company according to the annexed conditions, then this insurance shall be void and of no effect.” “It…
1Opinion of the CourtMiller, J.
The only question arising upon this appeal is whether at the time when the plaintiff and defendant entered into the contract contained in the policy of insurance, upon which this action was brought, there was another policy in the Andes Insurance Company, in violation of the contract between the parties. The defendant’s counsel claims that Goggin acted as the agent of the plaintiff, and the application sent by-Goggin to the-defendant being the application of the plaintiff, the statement and warranty that there was no insurance was the plaintiff’s, and as the Andes policy was in force at the…
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