Legal Opinion

Mead v. . the Northwestern Insurance Co.

New York Court of Appeals

Decided December 5, 1852PublishedCited by 14 opinions

Appeal from the general term of the Supreme Court, in the second district, where judgment had been entered upon a verdict in favor of the plaintiff, subject to the opinion of the court.

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Appeal from the general term of the Supreme Court, in the second district, where judgment had been entered upon a verdict in favor of the plaintiff, subject to the opinion of the court. This was an action upon five several policies of insurance against fire, underwritten by the defendants, upon five stores owned by the plaintiff, in the city of Brooklyn, forming a single‘block of buildings. *The stores insured by three of the policies _ were described as the plaintiff’s brick dwelling *- and store, not coped, with tin roof; those covered by the other two policies, as the plaintiff’s “ four…

1Opinion of the CourtWelles, J.

Upon the trial, the defendants’ counsel offered to prove, by the witness Halliday, who occupied one of the buildings insured, at the time of the fire, that he did business and kept articles in said building, denominated hazardous and extra hazardous, at the time of the fire. The evidence was objected to, and the objection sustained by the judge, to which the defendants’ ^counsel excepted. In this, I think, there was error. The policies all provided that in case the *- premises insured should, at any time after the making, and during the continuance thereof, be appropriated, applied or used to…

2Cases cited3 opinions

  1. M'lanahan v. the Universal Insurance CompanySupreme Court of the United States · 1828
  2. Jennings v. Chenango Mutual InsuranceNew York Supreme Court · 1846
  3. Murdock & Garratt v. Chenango Co. Mutual InsuranceNew York Court of Appeals · 1849

3Cited by14 opinions

  1. Kyte v. Commercial Union Assurance Co.Massachusetts Supreme Judicial Court · 1889
  2. Sumter Tobacco Warehouse Co. v. Phoenix Assurance Co.Supreme Court of South Carolina · 1907
  3. Miller v. American Eagle Fire InsuranceNew York Court of Appeals · 1930
  4. Williams v. . People's Fire Insurance Co.New York Court of Appeals · 1874
  5. Smith v. Northwestern Fire & Marine InsuranceNew York Court of Appeals · 1927

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