Langdon v. New-York Equitable Insurance
The Superior Court of New York City
This was an action of assumpsit, upon a policy of insurance against fire, for five years, executed by the defendants in favour of the plaintiff, to the amount of $2000, upon “ a three .story brick building, with a slate roof, situated on the corner of Hudson and King streets,” in the city of New-York, as described in a certain report, filed in the office of the defendants.
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This was an action of assumpsit, upon a policy of insurance against fire, for five years, executed by the defendants in favour of the plaintiff, to the amount of $2000, upon “ a three .story brick building, with a slate roof, situated on the corner of Hudson and King streets,” in the city of New-York, as described in a certain report, filed in the office of the defendants. The report here referred to was a survey made by the agent of the defendants, at their request and by their direction, wherein the building in question was described as unfinished at the date of the survey; but as one which…
1Opinion of the Court
Oakley, J.,
after stating the facts of the case.
The principal question arising on the bill of exceptions taken at the trial, is, whether the above state of facts suspended the policy, so that it did not cover the building at the time of the fire, by virtue of the clause contained in it, which provides, in case the building insured should at any time, during the continuance of the policy, be used for the purpose of carrying on any trade, business, or vocation denominated hazardous or extra-hazardous, as specified in the memorandum of special rates in the proposals annexed to the policy, “ or…
2Cited by5 opinions
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