Liverpool & London Insurance v. Gunther
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF NEW YORK. • This was an action at law brought by Charles Godfrey ■ Gunther, a citizen of New York, in the Supreme Court of that State, against the plaintiff in error, a corporation created by the laws of Great Britain, and consequently an alien, and by the latter removed into he Circuit Court of the United States for the Southern District of New York.
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF NEW YORK. • This was an action at law brought by Charles Godfrey ■ Gunther, a citizen of New York, in the Supreme Court of that State, against the plaintiff in error, a corporation created by the laws of Great Britain, and consequently an alien, and by the latter removed into he Circuit Court of the United States for the Southern District of New York. There was a verdict and judgment for the plaintiff below; brought here for review by this writ of error. The object of the action was to recover the amount claimed to be…
1Opinion of the CourtJustice Matthews
After stating the facts in the language reported above, he continued:
The first question to be examined is whether the Circuit Court erred in withdrawing from the jury the right to consider the facts proven as to the drawing of the oil in the oil-room after dark in the vicinity of a lighted lamp, which was the admitted cause of the fire, as constituting a defence to the action under the pleadings.
The tenth paragraph in the answer, setting up a separate and distinct defence, recited two conditions in the policy; the first, that the assured should not keep any burning fluid without written…
2Cases cited7 opinions
- New-York Central Ins. Co. v. . National Protection Ins. Co.New York Court of Appeals · 1856
- Duncan v. Sun Fire InsuranceNew York Supreme Court · 1831
- Kelly v. Worcester Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1867
- Williams v. . People's Fire Insurance Co.New York Court of Appeals · 1874
- Williams v. Mechanics' & Traders' Fire InsuranceNew York Court of Appeals · 1874
2 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Grayson v. LynchSupreme Court of the United States · 1896
- Hodges v. KimballCourt of Appeals for the Fourth Circuit · 1899
- Packard Manufacturing Co. v. Indiana Lumbermens Mutual InsuranceSupreme Court of Missouri · 1947
- Allen v. Home Insurance Co.California Supreme Court · 1901
- Gunther v. Liverpool & London & Globe InsuranceSupreme Court of the United States · 1890
41 more not listed; retrieve them via the Exa API.