Rau v. Westchester Fire Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Westchester Fire Insurance Company, from a judgment of 'the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 5tli day of August, 1899, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 27tli day of July, 1899, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, the Westchester Fire Insurance Company, from a judgment of 'the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 5tli day of August, 1899, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 27tli day of July, 1899, denying the defendant’s motion for a new trial made upon the minutes. This appeal was transferred from the first department to the second department.
1Opinion of the Court
Willard Bartlett, J. :
The nature of this action is stated in the opinion of Mr. Justice Rumsey upon the first appeal (Rau v. Westchester Fire Ins. Co., 36 App. Div. 179). It was then held that the condition of the policy prohibiting the keeping or use of more than one quart of benzine upon the premises had not been violated by keeping three or five barrels of benzine in an open slied 011 the same lot as “ the brick building with frame additions attached,” in which the insured property was situated — this open shed being eight or ten feet distant from these structures, and in nowise connected…
2Cases cited5 opinions
- Blasingame v. Home Ins. Co. of City of N.Y.California Supreme Court · 1888
- Fischer v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1899
- Hunt v. Hudson River Fire InsuranceThe Superior Court of New York City · 1853
- Bennett v. Maryland Fire Ins.U.S. Circuit Court for the District of Northern New York · 1878
- Rau v. Westchester Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by7 opinions
- O'Connell v. New Jersey Fidelity & Plate Glass InsuranceAppellate Division of the Supreme Court of the State of New York · 1922
- Sachs v. American Central InsuranceNew York Supreme Court · 1962
- Clover Crest Stock Farm, Inc. v. Wyoming Valley Fire InsuranceNew York Supreme Court · 1919
- Fiorillo v. Central Insurance Co. of BaltimoreAppellate Division of the Supreme Court of the State of New York · 1943
- Ryan v. Providence Washington InsuranceAppellate Division of the Supreme Court of the State of New York · 1903
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