Kohlmann v. Selvage
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, John Kohlmann and another, from a judgment of the Supreme Court in favor' of the defendant, entered in the office'of the clerk of the county of New York on the 21st day of January, 1898, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term.
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Appeal by the plaintiffs, John Kohlmann and another, from a judgment of the Supreme Court in favor' of the defendant, entered in the office'of the clerk of the county of New York on the 21st day of January, 1898, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term. The action is to recover upon a policy of fire insurance issued to the plaintiffs upon property placed in Wallabout Market, Brooklyn, in a two-story building facing on two streets. The plaintiffs used the greater part of the inside of the building for their business as dealers in…
1Opinion of the Court
O’Brien, J.:
There is no serious dispute of fact, it being admitted that the fire ' was caused by the explosion of a gasoline^ lamp which was being' used by Schomaker, the dealer in garden truck, who rented from the plaintiffs the platform in the rear-of the building. The serious question arises as to the construction of the terms of the policy, the plaintiffs contending that the sole subject of the insurance was the “ stock of wood and willow ware,” etc., which was within the build-. ing and not the building itself; and that the placing of a gasoline lamp upon the exterior wall of the…
2Cited by3 opinions
- Allen v. Home Insurance Co.California Supreme Court · 1901
- Skidmore v. Star Insurance Co. of AmericaWest Virginia Supreme Court · 1943
- Coffaro v. Queen Insurance Co. of AmericaAppellate Division of the Supreme Court of the State of New York · 1926