Williams v. . People's Fire Insurance Co.
New York Court of Appeals
Appeal from judgment of the General. Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiff, rendered upon a verdict. This action was brought upon a policy of fire insurance issued by defendant. The insurance was upon certain merchandise contained in a room of a building in the city of New York, used by plaintiff both as a salesroom and sleeping-room.
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Appeal from judgment of the General. Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiff, rendered upon a verdict. This action was brought upon a policy of fire insurance issued by defendant. The insurance was upon certain merchandise contained in a room of a building in the city of New York, used by plaintiff both as a salesroom and sleeping-room. The merchandise was destroyed by fire on the 31st day of January, 1868. There was a condition annexed to. the policy that “ if the risk shall be increased by any means whatever within the control…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] If the presence of the petroleum in the room where the insured property was, had been only casual or temporary, for some use connected with the store or the merchandise therein, or the occupants thereof, it would probably not have increased the risk within the meaning of the policy. But here it was kept permanently for five or six months. If it had been part of the merchandise insured, or if its presence had been expressly permitted by the policy, it could not…
2Cases cited2 opinions
- Mead v. . the Northwestern Insurance Co.New York Court of Appeals · 1852
- Williams v. Mechanics' & Traders' Fire InsuranceNew York Court of Appeals · 1874
3Cited by15 opinions
- Liverpool & London Insurance v. GuntherSupreme Court of the United States · 1885
- Germania Fire Insurance v. DeckardIndiana Court of Appeals · 1891
- Rossini v. Saint Paul Fire & Marine Ins. Co.California Supreme Court · 1920
- Adair v. Southern Mutual InsuranceSupreme Court of Georgia · 1899
- Moore v. Phœnix Fire InsuranceSupreme Court of New Hampshire · 1886
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