Von Bories v. United Life Fire & Marine Ins. Co.
| Citation | 71 Ky. 133 |
| Parties | Von Bories, & c. v. The United Life, Fire, and Marine Insurance Company. |
| Decision Date | 18 September 1871 |
| Court | Kentucky Court of Appeals |
APPEAL FROM THE LOUISVILLE CHANCERY COURT.
WILLAM ATWOOD, MUIR & BIJUR, For Appellants,
43 Barbour, 351, Post v. The Æ tna Insurance Company.
25 Barbour, 189, Goit v. National Protective Insurance Company.
38 Barbour, 402, S. C.; 40 Barbour, 292, Carroll v. Charter Oak Ins. Co.
5 Hill 101, McEwen v. Montgomery County Mutual Ins. Co.
23 Wendell, 18, Lightbody v. North American Insurance Company.
21 Iowa 185, Ayres v. Home Insurance Company.
6 Bush 174, Kenton Insurance Company v. Shea & O'Connell.
16 Barbour, 511, Wilson v. Gennessee Mutual Insurance Company.
11 Barbour, 624, Masters v. Madison County Mutual Insurance Co.
2 Ohio State, 452, Protection Insurance Company v. Harmer.
2 Kernan, 258, Ames v. New York Insurance Company.
40 New Hampshire, 375, Patten v. Merchants and Farmers Insurance Co.
7 Foster (N. H.) 157, Marshall v. Columbia Mutual Insurance Co.
37 New Hampshire, 35, Campbell v. Merchants and Farmers Ins. Co.
13 New Hampshire, 145, Hovey v. Blanchard.
9 Barbour, 191, Sexton v. Montgomery County Mutual Ins. Co.
7 Bush Kentucky Marine and Fire Ins. Co. v. The Security Fire Ins Co.
19 Howard's S. C. Rep. 318, 322, Union Mutual Ins. Co. v. Com. Ins. Co.
20 Ohio 529, Palm v. Medina Insurance Company.
25 Indiana, 536, New England Insurance Company v. Robinson.
31 Alabama, 711, Mobile Insurance Company v. McMillan.
19 New York, 306, S. C.
18 Barbour, 69, Trustees of Baptist Church v. Brooklyn Fire Ins. Co.
6 Gray, 204, Kennebeck Co. v. Augusta Insurance and Banking Co.
17 Iowa 276, City of Davenport v. Peoria Insurance Company.
32 New York, 405, Hoffman v. Æ tna Insurance Company.
52 Maine, 336, North Berwick Co. v. New England Insurance Company.
35 New York, 131, Boehen v. Washington City Insurance Company.
5 Denio, 154, Frost v. Saratoga Mutual Ins. Co.
19 Barbour, 440, Viall v. Gennessee Mutual Insurance Company.
23 Connecticut, 244, Bevin v. Connecticut Mutual Insurance Co.
13 Iowa 375, Kienan v. Dubuque Mutual Insurance Company.
26 Pennsylvania, 199, Insurance Company v. Stockblower.
12 Michigan, 202, Peoria Fire and Marine Insurance Company v. Hall.
26 Iowa 9, Viele v. Germania Insurance Company.
45 New Hampshire, 21, Barnes v. Union Mutual Insurance Company.
5 Foster (N. H.) 269, Goodall v. New England Insurance Company.
4 Bush, 418, Hamblin v. McCalister.
16 Maryland, 260, National Insurance Company v. Crane.
40 Missouri, 557, Horwitz v. The Equitable Insurance Company.
38 Illinois, 167, New England Insurance Company v. Schettler.
4 Bush, 242, Baer v. Phœ nix Insurance Company.
20 Barbour, 468, New York Central Ins. Co. v. Protection Ins. Co.
2 Stant. Rev. Stat. ch. 83, sec. 10, p. 252, title " Revenue and Taxation."
7 Cowen, 645, Norton v. Renssalaer and Saratoga Insurance Company.
1 Harrison (N. J.) 410, Mechanics Fire Insurance Co. v. Nichols.
9 Howard's S. C. Rep. 390, Taylor v. Merchants Insurance Company.
4 Cowen, 646, Perkins v. Washington Insurance Company.
28 Barbour, 118, Courtney v. New York City Insurance Company.
14 Wisconsin, 319, Warner v. Peoria Insurance Company.
F. M. WEBSTER, For Appellee,
Nova Scotia Rep. (1860) page 31, Campbell v. Æ tna Insurance Co.
8 Gray, 33, Kimball v. Howard.
1 Green (N. Y.) 110, Roumage v. Merchants Fire Insurance Company.
20 Maine, 125, Donnison v. Thomaston Insurance Company.
25 Connecticut, 51, Beebe v. Hartford Mutual Insurance Company.
12 Louisiana Reports, 136.
1 Handy (Ohio), 208, Miller v. Western Fire and Marine Insurance Co.
18 Maryland, 26, Mutual Insurance Company v. Deale.
16 Peters, 495, Carpenter v. Providence and Washington Insurance Co.
4 Howard, 185, Carpenter v. Providence and Washington Insurance Co.
20 Barb. 635, Bigler v. New York Central Insurance Company.
22 New York, 402, Bigler v. New York Central Insurance Company.
11 Cushing, 265, Worcester Bank v. Hartford Fire Insurance Company.
21 Missouri, 97, Hutchisson v. Western Insurance Company.
6 Gray, 169, Hall v. Mechanics Mutual Ins. Co.
9 Cushing, 470, Forbs v. Agawam Mutual Fire Ins. Co.
12 Cushing, 469, Pendar v. American Mutual Insurance Company.
| 12 Cushing, 144. | 7 Cushing, 175. |
4 Bush, 242,Baer v. Phœ nix Insurance Company.
17 New York, 609, Mallen v. Hamilton.
19 Ohio 149, Starke County Mutual Ins. Co. v. Hurd.
4 Phillips on Insurance, 484.
51 Pennsylvania, 402, Mitchell v. Lycoming Mutual Insurance Co.
17 Johnson, 176, Ayres v. Hartford Fire Insurance Company.
15 B. Monroe, 429, Protection Insurance Company v. Hall.
| 2 Hall (N. Y.) 490. | 7 Bingham, 349. |
1 Louisiana, 216, Hoffman v. Western Mutual Fire Ins. Co.
12 Louisiana Reports, 336.
On the 15th of November, 1867, Shea & O'Connell obtained from the United Life, Fire, and Marine Insurance Company a five-thousand dollar policy of insurance upon their stock of merchandise and fixtures in the city of Louisville. On the following day they obtained further insurance on the same fixtures and merchandise for the further sum of five thousand dollars in the Kenton Insurance Company. Both policies were issued by one George S. Moore, who was the general agent at Louisville for both companies.
On the 23d of the following January a considerable portion of the fixtures and goods so insured were destroyed by fire, and Shea & O'Connell at once took such steps as they deemed proper to secure from the insurers the adjustment and payment of their loss. Before, however, the loss had been adjusted with the appellee, Von Bories & Co. and Klien, Graves & Enneking, who were judgment creditors of Shea & O'Connell, and whose executions had been returned nulla bona, brought their suit in the Louisville Chancery Court, making the United Life, Fire, and Marine Insurance Company a party defendant, and seeking to have the claim of their debtors against that company applied to the satisfaction of their judgment. Appellees, among other defenses, relied upon the violation of the following condition in their policy as a bar to a recovery against them: " If there is or shall hereafter be made any further insurance on the property hereby insured, or any part thereof, without being notified to this company, and its consent thereto written hereon, then and in that case this policy shall be of no binding force on this company. " The consent of appellee to the second insurance was not indorsed on their policy, and it does not appear that formal notice thereof was given by the agent, Moore, to the officers at Covington.
It can not be insisted, however, that in law the company did not have notice of the second insurance. Both policies were issued by the same person, who, with the knowledge and assent of appellee, was at the time acting as general agent in Louisville for both companies.
The second insurance did not, according to the terms of...
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...the endorsement or to refuse to do so if he was informed of the plaintiff's purpose." In Von Bories v. The United Life F. & M. Ins. Co., 71 Ky. 133, 8 Bush 133, the facts were as here. The subsequent insurance was issued by the person who issued the prior policy--consent was not endorsed up......
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