Jones v. Firemen's Fund Insurance
New York Court of Common Pleas
Appeal by the defendants from a judgment at trial term. The action was brought by the plaintiff to recover the loss by fire of certain property insured by the defendants. The policy was dated the 14th day of February, 1865, and for $23.50 insured the plaintiff against loss or damage by fire to the amount of $3,500 on his stock of fireworks, ordnance stores, and other merchandise, hazardous and extra hazardous, contained in the brick building, bTo. 16 John street, blew York.
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Appeal by the defendants from a judgment at trial term. The action was brought by the plaintiff to recover the loss by fire of certain property insured by the defendants. The policy was dated the 14th day of February, 1865, and for $23.50 insured the plaintiff against loss or damage by fire to the amount of $3,500 on his stock of fireworks, ordnance stores, and other merchandise, hazardous and extra hazardous, contained in the brick building, bTo. 16 John street, blew York. By the printed terms of the policy, it was provided that “ whenever gunpowder, or any other articles subject to legal…
1Opinion of the Court
By the Court.—Daly, F. J.
The written part of a policy prevails over that which is printed where the two are repugnant (Harper v. The Mutual Ins. Co. 17 N. Y. 198); hut the written provision in this policy insuring a stock of fireworks upon- the premises, is not repugnant to the printed provision which declared that the policy should he null and void whenever any article should be kept on the premises in quantities greater than the law allows, or in a manner different from that prescribed by law; unless said use or keeping was specially provided for in the policy. By an ordinance of the city,…
2Cases cited1 opinion
- Harper v. . the Albany Mutual Insurance CompanyNew York Court of Appeals · 1858
3Cited by4 opinions
- Heeney v. SpragueSupreme Court of Rhode Island · 1877
- Ford v. New York CentralAppellate Division of the Supreme Court of the State of New York · 1898
- Ford v. New York Central & H. R. RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- People ex rel. Cox v. Justices of the Court of Special SessionsNew York Supreme Court · 1876