Appleby v. . Astor Fire Ins. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of .plaintiff entered on a verdict, and affirming an order denying a motion for a new trial. This action was brought on two policies of fire insurance issued by defendant to plaintiff. The facts sufficiently appear in the opinion. At the close of the evidence upon the trial defendant’s counsel requested the court to direct a verdict for defendant.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of .plaintiff entered on a verdict, and affirming an order denying a motion for a new trial. This action was brought on two policies of fire insurance issued by defendant to plaintiff. The facts sufficiently appear in the opinion. At the close of the evidence upon the trial defendant’s counsel requested the court to direct a verdict for defendant. This the court refused to do, and defendant excepted. The court erred in receiving evidence of the use of prohibited…
1Opinion of the Court
The plaintiffs were insured by the defendant on merchandise, hazardous and not hazardous, contained in brick store No. 360 Pearl street, in the city of New York. The insurance was in fact effected upon the plaintiff's stock of tobacco and snuff, in the building named, which they held under a lease containing a provision that the premises were not to be used or occupied for any business deemed extra-hazardous by insurance companies on account of fire. The plaintiffs manufactured tobacco in New Jersey, had their place of business in Water street, New York, and occupied a part of the premises in…
2Cited by14 opinions
- Dwight v. . Germania Life Ins. Co.New York Court of Appeals · 1886
- Converse v. . SicklesNew York Court of Appeals · 1895
- Graham v. . Fireman's Insurance CompanyNew York Court of Appeals · 1881
- Couch v. WelshUtah Supreme Court · 1901
- Leitch v. . Atlantic Mutual Ins. Co.New York Court of Appeals · 1876
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