Westfall v. Hudson River Fire Insurance
The Superior Court of New York City
Case upon a verdict for the plaintiff, subject to the opinion of the court at general term. The action was on a policy of insurance against fire, on a stock of groceries and liquors, in the store of one Oarston Hennings, the assured, in the city of New York. The plaintiff claimed as the assignee of Hennings.
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Case upon a verdict for the plaintiff, subject to the opinion of the court at general term. The action was on a policy of insurance against fire, on a stock of groceries and liquors, in the store of one Oarston Hennings, the assured, in the city of New York. The plaintiff claimed as the assignee of Hennings. The execution and delivery of the policy,- and the happening of a loss, were admitted, but the principal defence set up in the answer, was, that the assured had used camphene as a light in his store ; and that this use was a breach of a warranty contained in the terms of insurance annexed…
1Opinion of the CourtBy the Court. Duer, J.
In our opinion, there is in this case only a single question which is necessary to be considered. The plaintiff is clearly entitled to retain the verdict, unless the clause in the conditions annexed to the policy relative to the use of camphene, must be construed as a warranty. If such must be its construction, there was sufficient evidence of its breach to render it necessary that the question should have been submitted to the jury ; and as it was not thus submitted, there must be a new trial. If there was no such warranty, the plaintiff must have judgment upon the verdict.
*494The question…
2Cases cited1 opinion
- Palmer v. Warren Ins. Co.U.S. Circuit Court for the District of Massachusetts · 1840
3Cited by4 opinions
- United States Mutual Accident Ass'n v. NewmanSupreme Court of Virginia · 1887
- Loy v. Home InsuranceSupreme Court of Minnesota · 1877
- Cogswell v. ChubbAppellate Division of the Supreme Court of the State of New York · 1896
- Day v. Orient Mutual InsuranceNew York Court of Common Pleas · 1860