Gropper v. Home Insurance
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment of the Municipal Court of the city of Hew York, borough of Manhattan, ninth district, dismissing the complaint at the close of the plaintiff’s case.
1Opinion of the CourtLehman, J.
The plaintiff sued upon the insurance policy covering “ stock of merchandise, principally of stock of a merchant tailor.” The policy was in the standard form, *133and contained a provision that the policy shall he void “ if (any usage or custom of trade to the contrary notwithstanding) there he kept, used, or allowed on the above described premises benzine,” etc. At the trial, the plaintiff testified that he made a coat for a customer that was too long. The coat- was pasted at the bottom. Plaintiff had to open this paste and cut off the piece of goods and paste it together again. When he started…
2Cases cited2 opinions
- Norwaysz v. Thuringia InsuranceIllinois Supreme Court · 1903
- Hall v. President of the Insurance Co. of North AmericaNew York Court of Appeals · 1874
3Cited by2 opinions
- Ertischek v. New Hampshire Fire Insurance of ManchesterAppellate Terms of the Supreme Court of New York · 1917
- Emmett v. American Equitable Assurance Co.City of New York Municipal Court · 1949