Alston v. Mechanics' Mutual Insurance
Court for the Trial of Impeachments and Correction of Errors
Error to the supreme court. The action in the court below was upon a fire-policy on a building and some personal property belonging to the plaintiff, which bore date August 27th, 1838. The term of insurance was five years, commencing at the date of the policy.
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Error to the supreme court. The action in the court below was upon a fire-policy on a building and some personal property belonging to the plaintiff, which bore date August 27th, 1838. The term of insurance was five years, commencing at the date of the policy. In the policy, the building was described as a brick dwelling-house and shop ; and, after setting forth the size of the building and its height above the basement, the policy added—“ which basement is privileged as a cabinetmaker’s shop.” The personal property covered by the policy consisted of “ stock in trade in the cabinet business,”…
1Opinion of the Court
Walworth, Chancellor.
The loss in this case was clearly covered by the terms of the policy. Those terms unquestionably embraced a loss by fire arising from the use of the basement of the premises as « cabinet-maker’s shop, which included the ordinary use of fire for varnishing and the melting of glue. The policy also, by implication at least, gives the assured the right to occupy and use the basement as it was used at the time when the insurance was made; for it contains an express provision that if the premises shall be occupied in any way so as to render the risk more hazardous than at the…
2Cases cited2 opinions
- President of the Michigan State Bank v. HastingsMichigan Supreme Court · 1844
- Whitney v. HavenMassachusetts Supreme Judicial Court · 1816