Bennett v. North British & Mercantile Insurance
New York Court of Appeals
Appeal from order of the General Term of the Court of Common Pleas, in and for the city and county of New York, reversing a judgment in favor of plaintiff, entered upon the report of a referee, and granting a new trial. (Reported below, ' 8 Daly, 471.) This action was upon a policy of fire insurance, issued by defendant. The defendant, as a defense, set up, among other things, the breach of a condition in the policy.
Read the full summary
Appeal from order of the General Term of the Court of Common Pleas, in and for the city and county of New York, reversing a judgment in favor of plaintiff, entered upon the report of a referee, and granting a new trial. (Reported below, ' 8 Daly, 471.) This action was upon a policy of fire insurance, issued by defendant. The defendant, as a defense, set up, among other things, the breach of a condition in the policy. The condition in question and the material facts appear in the opinion. The referee was not in error in finding that kerosene was one of the class or kind of articles ‘…
1Opinion of the CourtAndrews, J.
The policy contains a condition that “ if cam- '' phene, burning fluid or refined coal or earth oils are kept for sale, stored or used on the premises without written consent it should be void.” The insurance was upon the stock of wines, liquors and segars, and the fixtures, and wearing apparel of the insured, contained in a building on One Hundred and Twenty-fifth street in the city of New York. The insured at the time, and after the policy issued, used kerosene for lighting his premises, without the written consent of the defendant. The circumstances under which the insurance was efiected,…
2Cases cited1 opinion
- Van Schoick v. . Niagara Fire Ins. Co.New York Court of Appeals · 1877
3Cited by10 opinions
- Kenyon v. Knights Templar & Masonic Mutual Aid Ass'nNew York Court of Appeals · 1890
- Liverpool & London & Globe Insurance v. EndeTexas Supreme Court · 1885
- Tuttle v. GundersonAppellate Court of Illinois · 1929
- American Central Insurance v. McCrea, Maury & Co.Tennessee Supreme Court · 1881
- Newmarket Savings Bank v. Royal InsuranceMassachusetts Supreme Judicial Court · 1890
5 more not listed; retrieve them via the Exa API.