Duncan v. Sun Fire Insurance
New York Supreme Court
This was an action on two policies of insurance, tried at the New-York circuit in November, 1829, before the Hon. Ogden Edwards, one of the circuit judges. The defendants, by two policies, insured six frame stores in Mobile, in the state of Alabama, against loss or damage by fire, to the amount of $13,600. By the policies, the stores were privileged to contain goods not hazardous, hazardous and extra hazardous.
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This was an action on two policies of insurance, tried at the New-York circuit in November, 1829, before the Hon. Ogden Edwards, one of the circuit judges. The defendants, by two policies, insured six frame stores in Mobile, in the state of Alabama, against loss or damage by fire, to the amount of $13,600. By the policies, the stores were privileged to contain goods not hazardous, hazardous and extra hazardous. In each policy are contained clauses in these words: c< And it is agreed and declared to be the true intent and meaning of the parties hereto, that in case the above mentioned…
1Opinion of the Court
By the Court,
Savage, Cb. J.
It is not denied that one of the buildings insured was destroyed, and four of the others injured, by the peril insured against. The defendants must therefore pay the amount of the plaintiff’s loss, not exceeding the amount insured, unless they are excused in consequence of gunpowder being stored in some of the buildings. Whether the powder was there with the knowledge or agency of the plaintiff, seems to me not very material. The absence of agency or knowledge, on the part of the plaintiff, excuses him from any imputation of fraud, or an intention to violate his…
2Cited by24 opinions
- Jennings v. Chenango Mutual InsuranceNew York Supreme Court · 1846
- Ruse v. . the Mutual Benefit Life Insurance CompanyNew York Court of Appeals · 1861
- New York Central Insurance v. National Protection InsuranceNew York Supreme Court · 1854
- Liverpool & London Insurance v. GuntherSupreme Court of the United States · 1885
- Inman v. Western Fire InsuranceNew York Supreme Court · 1834
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