Dover Glass-Works Co. v. Am. Fire Ins. Co.
| Decision Date | 19 June 1894 |
| Citation | 1 Marv. 32,29 A. 1039 |
| Parties | DOVER GLASS-WORKS CO. v. AMERICAN FIRE INS. CO. |
| Court | United States State Supreme Court of Delaware |
1 Marv. 32
DOVER GLASS-WORKS CO.
v.
AMERICAN FIRE INS. CO.
Court of Errors and Appeals of Delaware.
June 19, 1894.
(Syllabus by the Court.)
Case reserved from superior court, Kent county.
Action of covenant by the Dover Glassworks Company against the American Fire Insurance Company on a fire insurance policy. Judgment for defendant.
C. H. B. Day and Edward Ridgely, for plaintiff. George Bates, for defendant.
WOLCOTT, Ch. An action of covenant was brought on an insurance policy in the superior court of the state of Delaware in and for Kent county, by the plaintiff against the defendant being No. 55 to the October term, 1889, and pleaded to issue. On the 27th day of April, 1892, at the April term of said court, a case stated was agreed upon by counsel, and filed, and an order made
directing that all the questions of law contained therein should be reserved to be heard before all the judges.
The defendant issued to the plaintiff a policy of insurance, bearing date July 7, A D. 1884, covering certain real and personal properties situated on the southwest corner of William street and the Delaware Railroad, near the town of Dover, Del., owned and used by the plaintiff for the manufacture of glass. By the terms of the policy, the defendant, in consideration of the representations of the assured, and the conditions and limitations therein mentioned, and of $39.38 (the premium), did insure the plaintiff against loss or damage by fire, to an amount not exceeding $2,250, for one year,—from 12 o'clock noon of said date to 12 o'clock noon July 7, A. D. 1885. The conditions to which said Insurance was expressly made subject, and which are material to this case, are as follows: "Or if, during the existence of this policy, or any renewal thereof, the risk shall be increased by any means whatever, with the knowledge of the assured, and the assured shall neglect to notify this company thereof, and have the same indorsed hereon, paying therefor such additional premium as shall be demanded, or shall allow the building herein covered to become vacant and unoccupied, * * * or shall sell or transfer the property herein insured, or incumber the same, without notice to this company indorsed hereon, * * * then and in every such case this policy shall be null and void." "If the property hereby covered shall be levied upon or taken into possession or custody under any proceeding in law or equity, * * * or if it be a manufacturing establishment running, in whole or in part, over or extra time, or running at night, or if it shall cease to be operated, without special agreement indorsed hereon, all insurance by this policy shall thereupon cease." Across the face of said policy was written the following: "10, 8, '84. Loss, if any, payable to Messrs. Manlove Hayes, C. S. Pennewill, David F. Burton, A. B. Richardson, and William Fisher, as their interest may appear. P. R. Burnett, Agent." On the back of said policy was indorsed the following: "For value received, the Dover Glass-Works Company does hereby transfer, assign, and set over unto Caleb S. Pennewill and his assigns all its title and interest in the policy, and all advantage derived therefrom. Witness the hand of Caleb S. Pennewill, president of the Dover Glass-Works Company, and the corporate seal, this third day of October, 1888. Caleb S. Pennewill, President of the Dover Glass-Works Company. Sealed and delivered in the presence of C. H. B. Day." This insurance was duly renewed from year to year, and dated, respectively, July 7, 1885, 1886, 1887, and 1888, the last of which extended the term of the policy to and until July 7, 1889.
A judgment for the real debt of $1,718.67, by confession, was obtained by Hazel & Pennewill against the plaintiff in the said superior court, being No. 197 to the April term, A. D. 1888, of said court, on which a writ of fieri facias was duly issued, being No. 106 to the October term of said court. The time of the entry or confession of said judgment was September 8, A. D. 1888, at 9 o'clock a. m. On said writ the sheriff made the following return: "Sheriff returns levied on goods and chattels as per inventory and appraisement annexed, and afterwards, to wit, on the 18th day of Sept., A. D. 1888, goods and chattels offered for sale at public vendue, and not sold because the bidders to whom the same were struck off refused to pay for the same, and would not comply with the terms of the sale, except a lot of old iron to ——Shehan for the sum of two dollars and ten cents ($2.10), which sum I have applied to this writ, and not sufficient." Another judgment for the real debt of $5,000, by confession, was obtained by Caleb S. Pennewill and others against the plaintiff in said superior court, being No. 198 to the April term, A. D. 1888, of said court, on which a writ of fieri facias was issued, being No. 107 to the October term of said court The time of the entry or confession of said judgment was September 8, A. D. 1888, at 9:05 o'clock a. m. On said writ the sheriff made a return similar to the one made on the first-named writ, except that the money realized on the sale of the goods and chattels levied on was applied to a prior writ. Under said writ of fieri facias the...
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