Billings v. Tolland County Mutual Fire Insurance Co.
Supreme Court of Connecticut
This was an action on a policy of insurance against fire, upon the plaintiff’s dwelling-house, several barns and other buildings.
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This was an action on a policy of insurance against fire, upon the plaintiff’s dwelling-house, several barns and other buildings. The cause was tried before the superior court in the county of Tolland, at the October term, 1848. In the policy, one of the barns was described as a building “ used for a barn, cider-mill,” &c. and after a more particular description of the buildings, the following clause was added : “ All the above described barns are used for hay, straw, grain unthreshed, stabling and shelter, including the one used in part as a barn, and in part as a cider and threshing mill.”…
1Opinion of the CourtWaite, J.
Two exceptions have been taken to the charge given to the jury in the court below.
*144The first is, that the words in the policy, “ all the above barns are used for hay, straw, grain unthreshed, stabling and shelter”-are a warranty that the buildings should be used in that manner, and in no other.
But we do not so understand the language of that instrument. The clause was inserted merely for the purpose of giving a description of the buildings insured, and not to limit their use or to deprive the plaintiff of the enjoyment of his property in the same manner as buildings of that description are…
2Cited by12 opinions
- Woodbury Savings Bank & Building Ass'n v. Charter Oak Fire & Marine InsuranceSupreme Court of Connecticut · 1863
- First Congregational Church v. Holyoke Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1893
- McCluer v. Girard Fire & Marine Ins.Supreme Court of Iowa · 1876
- Kircher v. Milwaukee Mechanics' Mutual InsuranceWisconsin Supreme Court · 1889
- United States Fire & Marine Insurance v. KimberlyCourt of Appeals of Maryland · 1871
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