Clary v. Protection Insurance
Ohio Supreme Court
Suit upon a policy of insurance, dated the 5th of November, 1831, upon $600, of stock, household furniture and wearing apparel, in :a grocery and dwelling house, on the northwest corner of Walnut and Columbia streets, Cincinnati, against loss by fire, for twelve months. There are six special pleas and issues not material to set out.
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Suit upon a policy of insurance, dated the 5th of November, 1831, upon $600, of stock, household furniture and wearing apparel, in :a grocery and dwelling house, on the northwest corner of Walnut and Columbia streets, Cincinnati, against loss by fire, for twelve months. There are six special pleas and issues not material to set out. The main defence was directed to establish fraud on the part of the ■plaintiff, in the concealment of goods in the first instance; in causing ¡the fire, and that the fire resulted from gross negligence of the plaintiff; and that certain articles for which the…
1Opinion of the CourtLane, J.
charged the jury, that if there was any fraud in obtaining the policy, or if the fire resulted from the negligence or fraud of the plaintiff, he had no right to recover. Such articles of linen,, sheets, and shirts as were actually laid in with a view to the use of *233the family, if exhibited at the preliminary inspection, were within the policy — so were such as had been laid in for sale or traffic in the usual way in the store; but such as were concealed, and intended for secret sale, or for other use, wex-e not embraced within the policy. The watch is of the description of articles usually…
2Cited by1 opinion
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