Reynolds v. . Commerce Fire Ins. Co. of N.Y.
New York Court of Appeals
Appeal from judgment of the General Term of the Common Pleas of the city of Hew York, affirming a judgment entered upon a verdict in favor of plaintiff.
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Appeal from judgment of the General Term of the Common Pleas of the city of Hew York, affirming a judgment entered upon a verdict in favor of plaintiff. The action is brought upon a policy of insurance dated January 11th, 1866, whereby the defendant insured the plaintiff in the sum of $5,500 “ on the brick and frame buildings situate on the south side of West Thirty-ninth street, extending from the Eleventh avenue to the North river, this city, known as the New York abbattoirs, and numbered from 1 to 43, inclusive, on plan of same, for the amount specified on each,” viz.: The amount insured…
1Opinion of the Court
Church, Ch. J.
It is objected, on the part of the appellant, that some of the buildings insured, and the two in which the fire originated, were used for a purpose not permitted by the terms of the policy, and that the policy was therefore void. Of the forty buildings insured, seven only were injured by the fire,, two of which were used for distillery purposes. After a description of the premises the policy contains, in writing, the following: “ The above premises aré privileged to be occupied as hide, fat melting, slaughter and packing houses, and stores and dwellings, and for other extra…
2Cases cited2 opinions
- Morris v. . RexfordNew York Court of Appeals · 1859
- Rowley v. Empire InsuranceNew York Court of Appeals · 1867
3Cited by30 opinions
- American Surety Company v. PaulySupreme Court of the United States · 1898
- Travellers' Insurance v. McConkeySupreme Court of the United States · 1888
- Kitching v. . BrownNew York Court of Appeals · 1905
- S. & E. Motor Hire Corp. v. New York Indemnity Co.New York Court of Appeals · 1930
- National Surety Co. v. WilliamsSupreme Court of Florida · 1917
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