Whitney v. . Black River Insurance Company
New York Court of Appeals
Appeal from, a judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff entered upon a' verdict. (Reported below, 9 Hun, 37.) ■This action was brought upon a policy of lire insurance issued by defendant. The defense was an alleged forfeiture of the policy by violation of conditions therein. The facts sufficiently appear in the opinion.
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Appeal from, a judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff entered upon a' verdict. (Reported below, 9 Hun, 37.) ■This action was brought upon a policy of lire insurance issued by defendant. The defense was an alleged forfeiture of the policy by violation of conditions therein. The facts sufficiently appear in the opinion. The premises insured having become “vacant and unoccupied,” under the provisions of the policy, it was rendered void. (Keith v. Q. F. Ins. Co., 10 Al., 228; Paine v. Ag. Ins. Co., 5 N. Y. S.…
1Opinion of the CourtAndrews, J.
The insurance was upon the plaintiff’s saw-mill, gang, water-power, and on his fixed and movable machinery, mill-tools and implements contained and used in the mill; and among the several pages of printed conditions, and stipulations in the policy, is a condition that if the premises become “ vacant and unoccupied,” the policy shall bo void. It is quite obvious that the parties did not intend by this provision that the saw-mill should be inhabited, or that any person should remain in it so as to watch and guard it against fires, in order that .the plaintiff should have the protection of the…
2Cited by26 opinions
- Brown v. Palatine Insurance Co.Texas Supreme Court · 1896
- MacKintosh v. Agricultural Fire Ins. Co.California Supreme Court · 1907
- Cochran v. WardIndiana Court of Appeals · 1892
- Security Ins. Co. v. Sellers-Sammons-Signor Motor Co.Court of Appeals of Texas · 1921
- Continental Insrance Co. of New York City v. KyleIndiana Supreme Court · 1890
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