Legal Opinion

Harper v. . New York City Insurance Company

New York Court of Appeals

Decided December 5, 1860PublishedCited by 28 opinions

Appeal from the Superior Court of the city of Hew York. Action upon a policy of fire insurance on the plaintiffs’ “printing and book materials, stock, paper, stereotype plates, fixtures, printed books, and steam engine and machinery contained in [certain described premises], and privileged for a printing office, bindery and bookstore.”

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Appeal from the Superior Court of the city of Hew York. Action upon a policy of fire insurance on the plaintiffs’ “printing and book materials, stock, paper, stereotype plates, fixtures, printed books, and steam engine and machinery contained in [certain described premises], and privileged for a printing office, bindery and bookstore.” The policy provided, in its printed conditions, that, if the premises should be used for carrying on any business denominated hazardous, or extra hazardous, or specified in the memorandum of special rates, or for storing articles in either of those categories,…

1Opinion of the Court

Comstock, Ch. J.

The jury found, in answer to interrogatories specially submitted to them, that the use of camphene, in the manner proved, was according to a general and established usage in the printing and book business, as carried on by the plaintiffs, and that such use was necessary in that business. In the written part of the policy the subject of insurance is described as the plaintiffs’ printing and book materials, stock, &c., “privileged for a printing office, bindery,” &c. The language is identical with that contained in the policy which was before us in the case of Harper v. The…

2Cases cited1 opinion

  1. Harper v. . the Albany Mutual Insurance CompanyNew York Court of Appeals · 1858

3Cited by28 opinions

  1. Hoffman v. Ætna Fire InsuranceNew York Court of Appeals · 1865
  2. Grandin v. Rochester German InsuranceSupreme Court of Pennsylvania · 1884
  3. Pelser v. GingoldSupreme Court of Minnesota · 1943
  4. Archer v. Merchants' & Manufacturers' InsuranceSupreme Court of Missouri · 1869
  5. Barhydt v. . EllisNew York Court of Appeals · 1871

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