Hunt v. Hudson River Fire Insurance
The Superior Court of New York City
Appeal by defendants from a judgment at special term, denying a new trial, upon a bill of exceptions. The action was upon a policy of insurance against fire, executed and delivered by the defendants to the plaintiff1 upon a stock of goods belonging to him in a store at Racine, in the State of Wisconsin.
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Appeal by defendants from a judgment at special term, denying a new trial, upon a bill of exceptions. The action was upon a policy of insurance against fire, executed and delivered by the defendants to the plaintiff1 upon a stock of goods belonging to him in a store at Racine, in the State of Wisconsin. The complaint set forth at large the policy, with the terms and conditions annexed; averred the happening, of a loss by fire within the term insured, and claimed damages by reason thereof to the amount of $1,061.09, for which sum, with interest to the 14th of April, 1852, judgment was…
1Opinion of the CourtBy the Court. Hoffman, J.
The first oojection relates to the form of the pleading. It is, that the complaint does not contain facts sufficient to constitute a cause of action, inasmuch as by the conditions of the policy it is provided that camphene, spirit gas, or burning fluid, when used in stores or warehouses, as a light, subjects the goods therein to an additional’ charge of ten cents per one hundred dollars, and the premium for such use must be endorsed in writing on the policy; and the complaint contains no averment that camphene, spirit gas, or burning fluid, or either of them, were not used as a light in the…
2Cases cited2 opinions
- Whitney v. MeyersThe Superior Court of New York City · 1852
- Catlin v. HansenThe Superior Court of New York City · 1852
3Cited by6 opinions
- Blasingame v. Home Ins. Co. of City of N.Y.California Supreme Court · 1888
- Burlington Insurance v. RiversCourt of Appeals of Texas · 1894
- Robbins v. RichardsonThe Superior Court of New York City · 1857
- Rau v. Westchester Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1900
- Bruch v. CarterSupreme Court of New Jersey · 1867
1 more not listed; retrieve them via the Exa API.