Harper v. City Insurance
The Superior Court of New York City
The questions, decided in this action, arise on a verdict for the plaintiff, taken, subject to the opinion of the Court at General Term, on the exceptions taken on the trial.
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The questions, decided in this action, arise on a verdict for the plaintiff, taken, subject to the opinion of the Court at General Term, on the exceptions taken on the trial. The action was brought to recover a total loss, under a policy of insurance against fire issued by the defendants, and dated the 3d of March, 1853. By the terms of the policy, the defendants insured the plaintiffs against loss or damage by fire, to the amount of $10,000, on their printing, and book materials, stock, paper, stereotype plates, fixtures, printed books, and steam • engine, contained in certain brick…
1Opinion of the CourtBy the Court. Slosson, J.
It is difficult to distinguish this case from that of St. John v. The American Mutual Fire Insurance Company, (1 Duer Rep. 371, affirmed 1 Hernán Rep. 516,) and unless the privilege contained in the policy, taken in connection with the general nature of the subject insured, to wit, a printing and book establishment, creates a distinction between the two, that case must be decisive of this.
The defence mainly relied upon is, that the fire was “ occasioned by camphene,” a risk from which, by the eighth printed condition of the policy, the Company is expressly exempted.
The conditions of the…
2Cited by1 opinion
- Hayward v. Liverpool & London Fire & Life InsuranceThe Superior Court of New York City · 1860