Legal Opinion
Fire Association of Philadelphia, Ben Wacek and Mabel E. Wacek v. Saks & Co., Inc.
Court of Appeals for the Second Circuit
Decided June 13, 1955No. 309, Docket 23473PublishedCited by 1 opinion
1Opinion of the Court
MEDINA, Circuit Judge.
Plaintiff Mabel E. Wacek purchased a fur coat from defendant Saks & Co., Inc., for $5,100 and took out a policy of insurance in that amount with plaintiff Fire Association of Philadelphia. Later she delivered it to defendant for minor repairs and for summer storage. As she was already insured, Mrs. Wacek gave a valuation of $500 when the bailment was made. This was done with full knowledge on her part that defendant was in no event to be liable for anything in excess of this valuation; and, as she was already insured, it was quite natural that she should desire not to…
2Cases cited5 opinions
- Howard v. Handler Bros. & Winell, Inc.Appellate Division of the Supreme Court of the State of New York · 1951
- Howard v. Handler Bros. & Winell, Inc.New York Court of Appeals · 1952
- Rappaport v. Phil Gottlieb-Sattler, Inc.Appellate Division of the Supreme Court of the State of New York · 1952
- Rappaport v. Phil Gottlieb-Sattler, Inc.New York Court of Appeals · 1953
- Abend v. HabermanAppellate Division of the Supreme Court of the State of New York · 1953
3Cited by1 opinion
- Neo-Smelting & Refining, Inc. v. Harris Warehouses, Inc.City of New York Municipal Court · 1958