HAPPY HANK CO. v. INS. CO.


1 N.Y.2d 534 (1956)

Happy Hank Auction Co., Inc., Appellant, v. American Eagle Fire Insurance Company et al., Respondents.

Court of Appeals of the State of New York.

Decided July 11, 1956.


Attorney(s) appearing for the Case

Gilbert Goldstein and Lawrence Kovalsky for appellant.

Herbert P. Polk, Frederic C. Pitcher and Robert S. Newman for respondents.

CONWAY, Ch. J., DYE, FULD, FROESSEL and BURKE, JJ., concur with DESMOND, J.; VAN VOORHIS, J., dissents and votes to affirm.


DESMOND, J.

A fire in plaintiff's furniture store on December 7, 1953 caused extensive damage to merchandise, fixtures and leasehold improvements which were insured against fire by the 15 defendants under policies with total coverage of $95,000. The proofs of loss submitted to defendants by plaintiff claimed a total value of about $139,000 for the property damaged or destroyed, and damage or loss thereto of about...

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