Legal Opinion

Buchanan v. . Exchange Fire Ins. Co.

New York Court of Appeals

Decided September 5, 1874PublishedCited by 17 opinions

• Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiff entered upon the verdict of a jury. This action was upon a policy of fire insurance. The policy was issued to Addison Weeks through defendant’s agent at Albany (A. T. Holmes), November 14, 1868. About February 20, 1869, Weeks sold out his interest in the insured property to the plaintiff.

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• Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiff entered upon the verdict of a jury. This action was upon a policy of fire insurance. The policy was issued to Addison Weeks through defendant’s agent at Albany (A. T. Holmes), November 14, 1868. About February 20, 1869, Weeks sold out his interest in the insured property to the plaintiff. February twenty-second he assigned all his interest in the policy to the plaintiff. The questions raised and the evidence so far as important are set forth…

1Opinion of the Court

Earl, C.

The insurance was on stock of material for manufacturing paper and on paper manufactured and in process of manufacture, and on machinery contained in a paper mill at West Milton, Saratoga county.

The policy contained a provision that petroleum, rock, and earth oils, benzine, benzole and naphtha, should not be stored or used on the premises without written permission indorsed on the policy, and that refined coal, carbon, and kerosene oils when stored in less quantities than ten barrels, shall be claSséd as extra hazardous.

The paper mill was lighted by kerosene, and at the time of the…

2Cases cited5 opinions

  1. Jeffrey v. BigelowNew York Supreme Court · 1835
  2. Shearman v. . the Niagara Fire Ins. Co.New York Court of Appeals · 1871
  3. Hooper v. . the Hudson River Fire Insurance CompanyNew York Court of Appeals · 1858
  4. Fish v. . CottenetNew York Court of Appeals · 1871
  5. Manley v. President & Directors of the Insurance Co. of North AmericaNew York Supreme Court · 1869

3Cited by17 opinions

  1. McGee v. Adams Paper & Twine Co.Appellate Division of the Supreme Court of the State of New York · 1966
  2. Manchester v. . Guardian Assurance Co.New York Court of Appeals · 1896
  3. Benninghoff v. . Agricultural Ins. Co.New York Court of Appeals · 1883
  4. Kruschke v. StefanWisconsin Supreme Court · 1892
  5. O'Connor v. Knights & Ladies of SecuritySupreme Court of Iowa · 1916

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