Williams v. Mechanics' & Traders' Fire Insurance
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judical department, affirming a judgment in favor of plaintiff entered upon a verdict, and affirming an order denying a motion for a new trial. This action was brought upon a policy of insurance issued by defendant, dated November 12,1867, insuring plaintiff in the sum of $3,000, on merchandise hazardous and extra hazardous.
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Appeal from judgment of the General Term of the Supreme Court in the second judical department, affirming a judgment in favor of plaintiff entered upon a verdict, and affirming an order denying a motion for a new trial. This action was brought upon a policy of insurance issued by defendant, dated November 12,1867, insuring plaintiff in the sum of $3,000, on merchandise hazardous and extra hazardous. A fire occurred, May 31, 1868, which injured the property insured to more than the amount of the insurance. The nature of the issues and the facts, pertinent to the questions presented, appear in…
1Opinion of the Court
Johnson, C.
The policy under which the recovery has been had contains the following clause : “ whenever gunpowder, phosphorus, saltpeter, petroleum, benzine, benzole, naphtha or any explosive article or articles subject to legal restriction, shall be kept or used in said premises, unless said use or keeping is specially provided for herein, in writing, this policy shall be null and void.” Neither from the complaint nor the answer does it appear that the policy in suit contained this' clause, nor does the answer contain any defensive allegation founded upon this clause, or presenting a…
2Cases cited2 opinions
- New-York Central Ins. Co. v. . National Protection Ins. Co.New York Court of Appeals · 1856
- Codd v. . RathboneNew York Court of Appeals · 1859
3Cited by14 opinions
- Liverpool & London Insurance v. GuntherSupreme Court of the United States · 1885
- Bruce v. . BurrNew York Court of Appeals · 1876
- Livingston v. IvesSupreme Court of Minnesota · 1886
- Williams v. . People's Fire Insurance Co.New York Court of Appeals · 1874
- Cary v. Western Union Telephone Co.New York Supreme Court · 1888
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