City Fire Insurance v. Corlies
New York Supreme Court
Error from the superior court of the city of New York. The plaintiffs in error were defendants below. The action was on a policy of insurance dated December 9, 1835, by which the company insured the plaintiffs for the period of four months and twenty-two days against loss or damage by fire, to the amount of $3000, on earthen-ware in crates, contained iu the brick, slated store No. 75 Pearl street, New York.
Read the full summary
Error from the superior court of the city of New York. The plaintiffs in error were defendants below. The action was on a policy of insurance dated December 9, 1835, by which the company insured the plaintiffs for the period of four months and twenty-two days against loss or damage by fire, to the amount of $3000, on earthen-ware in crates, contained iu the brick, slated store No. 75 Pearl street, New York. In the declaration the loss was alleged to have happened, by and through the explosion of large quantities of gun-powder and by fire. On the trial it appeared that in the great fire, on…
1Opinion of the Court
*369 By the Court,
Bronson, J.
I. There has, I think, been a loss by the peril insured against, within the meaning of the policy. In Grim v. The Phoenix Ins. Co., 13 Johns. R. 451, no doubt seems to have been entertained* either by the court or counsel, that a loss by the explosion of gunpowder was a loss by fire. And in Waters v. The Merchants' L. Ins. Co., 11 Peters, 213, the point was so adjudged. The court was of opinion, that fire was the proximate cause of the loss.
II. According to the terms of the policy, if the building was used for the purpose of storing gunpowder, the contract was, for…
2Cases cited4 opinions
- The Columbia Insurance Company of Alexandria, in Error v. Joseph W. Lawrence, Who Survived Thomas PoindexterSupreme Court of the United States · 1836
- Waters v. Merchants' Louisville InsuranceSupreme Court of the United States · 1837
- Mayor of New York v. LordNew York Supreme Court · 1837
- Duncan v. Sun Fire InsuranceNew York Supreme Court · 1831
3Cited by21 opinions
- Pan American World Airways, Inc. v. Aetna Casualty & Surety Co.Court of Appeals for the Second Circuit · 1974
- Renshaw v. Missouri State Mutual Fire & Marine InsuranceSupreme Court of Missouri · 1890
- Case v. Hartford Fire InsuranceIllinois Supreme Court · 1852
- Heuer v. North Western National Insurance Co. of MilwaukeeIllinois Supreme Court · 1893
- Franklin Ins. v. HumphreyIndiana Supreme Court · 1879
16 more not listed; retrieve them via the Exa API.