Manley v. Eagle Star Ins. Co., Ltd.

The opinion of the court was delivered by

Donges, J.

This is an appeal from a judgment of the Second District Court of the City of Newark in a suit on a policy of rain insurance issued by the defendant-appellant to the plaintiff-respondent.

Plaintiff was the operator of a baseball club which was scheduled to play a game at Ruppert Stadium, Newark, on the evening of August 6th, 1940. He applied to the defendant for a policy of rain insurance and it was issued. The policy was in the amount of $500 and provided in part:

“It is the intent of this insurance to indemnify the insured against loss by…