Legal Opinion

Harper v. . the Albany Mutual Insurance Company

New York Court of Appeals

Decided March 5, 1858PublishedCited by 57 opinions

Appeal from the Supreme Court. The action was upon a policy of insurance against damage by fire, issued by the defendant, upon the plaintiffs’ printing and book materials, stock, paper and stereotype plates and printed books, contained in certain buildings in the city of New-York, therein described, “ and privileged for a printing office, bindery and bookstore, also for a steam-boiler in the yard.”

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Appeal from the Supreme Court. The action was upon a policy of insurance against damage by fire, issued by the defendant, upon the plaintiffs’ printing and book materials, stock, paper and stereotype plates and printed books, contained in certain buildings in the city of New-York, therein described, “ and privileged for a printing office, bindery and bookstore, also for a steam-boiler in the yard.” The policy contained provisions that “if the premises should at any time be altered, appropriated, applied or used to or for the purpose of carrying on or exercising therein any other trade,…

1Opinion of the CourtPbatt, J.

The judgment of the Supreme Court, I think, should be affirmed.

First. The exclusion of the use of camphene in the building where insurance is effected has reference to its use in lighting the premises. This is evident, I think, from the connection in which it is found with other articles used alone for that purpose. Í know of no other use to which spirit gas and burning fluid are applicable except for the purpose of lighting buildings. And that is the ordinary and more general use to which camphene itself is applied. The three articles for lighting buildings being thus placed together in the…

2Cases cited2 opinions

  1. Delonguemare v. Tradesmen's InsuranceThe Superior Court of New York City · 1829
  2. Wall v. Howard InsuranceNew York Supreme Court · 1852

3Cited by57 opinions

  1. Carlin v. Western Assurance Co. of Toronto, CanadaCourt of Appeals of Maryland · 1882
  2. Franklin Fire Insurance v. Chicago Ice Co.Court of Appeals of Maryland · 1872
  3. Miller v. Hannibal & St. Joseph RailroadNew York Court of Appeals · 1882
  4. Harper v. . New York City Insurance CompanyNew York Court of Appeals · 1860
  5. Archer v. Merchants' & Manufacturers' InsuranceSupreme Court of Missouri · 1869

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