Matthews v. Queen City Insurance
Ohio Superior Court, Cincinnati
This case was reserved to General Term on a motion for a new trial. The suit was upon a policy of insurance. The loss happened on the 8th of April, 1868. The policy was to “insure Marshall & Co., in $2,500, for one year, against loss or damage .by fire, on their two-story brick building, with plastic slate roof, standing detached, occupied by the assured as a planing and saw mill, situated on Covington avenue, west of Russell street, in Covington, Ky.; also, in .$1,200 on…
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This case was reserved to General Term on a motion for a new trial. The suit was upon a policy of insurance. The loss happened on the 8th of April, 1868. The policy was to “insure Marshall & Co., in $2,500, for one year, against loss or damage .by fire, on their two-story brick building, with plastic slate roof, standing detached, occupied by the assured as a planing and saw mill, situated on Covington avenue, west of Russell street, in Covington, Ky.; also, in .$1,200 on their stock, engine, boiler, belting, shafting, tools, machinery, and fixtures contained in said building. A water-tank to…
1Opinion of the CourtMiner, J.
Three grounds are urged by the defendant ' for a new trial:
1. That the plaintiffs had no insurable interest.
2. That after the policy was issued, insuring the plaintiffs on a building “ occupied as a planing and saw mill,” they leased a part of the premises to be used as a carpen ter shop, a specially hazardous business, without permission.
3. That the warranty that a watchman was kept on the premises was broken; and that the judge, in his charge, did not give the defendant the benefit of it.
This case was argued in this court some time since, before Judges Storer, Taft, and Hagans, and upon…
2Cases cited4 opinions
- Washington Mutual Insurance v. Merchants & Manufacturers' Mutual InsuranceOhio Supreme Court · 1856
- Smith v. Mechanics' & Traders' Fire InsuranceNew York Court of Appeals · 1865
- Merchants' & Manufacturers' Mutual Insurance v. Washington Mutual InsuranceOhio Superior Court, Cincinnati · 1855
- Merchants & Manufacturers Insurance v. Washington Mutual InsuranceOhio Superior Court, Cincinnati · 1854