Williams v. . Fireman's Fund Ins. Co.
New York Court of Appeals
Appeal from judgment of the General .Term in the first judicial department, affirming a judgment in favor of plaintiff entered upon a verdict. This action was brought upon a policy of insurance, dated December 6, 1867, issued by defendant for $2,500; $200 on office furniture and fixtures, and $2,300 on merchandise, hazardous and extra hazardous.
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Appeal from judgment of the General .Term in the first judicial department, affirming a judgment in favor of plaintiff entered upon a verdict. This action was brought upon a policy of insurance, dated December 6, 1867, issued by defendant for $2,500; $200 on office furniture and fixtures, and $2,300 on merchandise, hazardous and extra hazardous. The property insured was damaged by a fire occurring Hay 31, 1868. The substance of the policy and the facts are sufficiently set forth in the opinions. The continued user of the premises for the keeping of crude petroleum, as kept and used by…
1Concurrence
The proof was not clear and certain that camphene was used as a burning fluid during the life of the policy, and hence there was no ground for dismissing the complaint on account of its alleged use.
The plaintiff kept a small jug of crude petroleum in his room for occasional use in anointing his person, and it is alleged that this was a violation of the provision in the policy against storing petroleum upon the premises insured, and hence that the complaint should have been dismissed. The motion to dismiss the complaint, upon this ground, was properly denied for two reasons: 1. No such defence…
2Cases cited1 opinion
- Mayor, Aldermen & Commonalty v. Hamilton Fire InsuranceThe Superior Court of New York City · 1863