Merchants & Manufacturers Insurance v. Washington Mutual Insurance
Ohio Superior Court, Cincinnati
This was an action of covenant on a policy of insurance, by which, on the 26th day of October 1847, the defendants insured the plaintiffs, “ against loss or damage by fire, to the amount of Tour Thousand Dollars on $8000, as insured by them to D. White & Co. on stock of flour, grain, and cooperage, contained in their stone and brick steam flouring mill with cement roof, and detached from all other buildings, situated in the city of Madison, Ind. and known as the City Mills.”
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This was an action of covenant on a policy of insurance, by which, on the 26th day of October 1847, the defendants insured the plaintiffs, “ against loss or damage by fire, to the amount of Tour Thousand Dollars on $8000, as insured by them to D. White & Co. on stock of flour, grain, and cooperage, contained in their stone and brick steam flouring mill with cement roof, and detached from all other buildings, situated in the city of Madison, Ind. and known as the City Mills.” It was agreed, “ that in case the above mentioned building should thereafter be appropriated, applied, or used to or…
1Opinion of the CourtGholson, J.
The plea, which both replications purport to answer, is founded on the clause of the policy which has been quoted, prohibiting, in connection with the condition to which it refers, the use of the building for any mechanical operation requiring fire-heat. The plea avers, that “ kiln drying corn meal,” is such an operation, and the building being used for that business at the time of the loss by fire, there can be no recovery for such a loss under the policy. The 2d replication seeks to avoid this conclusion, by showing, that, as the building described in the policy, was a K steam flouring…
2Cited by1 opinion
- Matthews v. Queen City InsuranceOhio Superior Court, Cincinnati · 1872