Montgomery v. Firemen's Insurance
Court of Appeals of Kentucky
APPEAL FROM LOUISVILLE CHANCERY COURT. The facts of the case aré stated in the opinion of the Court. Rep. Argued that the loss of the boat of the appellants was by fire, and though the fire originated from the bursting of the boiler of the boat, it was nevertheless a loss by fire, which is within the terms of the policy. City Fire Insurance Company vs. Collier, 21 Wendell, was a case of insurance against fire only.
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APPEAL FROM LOUISVILLE CHANCERY COURT. The facts of the case aré stated in the opinion of the Court. Rep. Argued that the loss of the boat of the appellants was by fire, and though the fire originated from the bursting of the boiler of the boat, it was nevertheless a loss by fire, which is within the terms of the policy. City Fire Insurance Company vs. Collier, 21 Wendell, was a case of insurance against fire only. It was shown that the house was blown up by gunpowder by order of the mayor of the city, at the great fire in 1835, to arrest the progress of the fire. It was held that the company…
1Opinion of the CourtChief Justice Marshall
On the 14th day of November, 1849, the Firemen’s Insurance Company of Louisville executed a policy insuring J. E. Montgomery, or whom it may concern, in the sum of $5,000 on the steamboat Oregon, for twelve months from that day. The insurance was afterwards, by endorsement on the policy, extended for twelve months from the 14th day of November, 1850, and on the 2d day of March, 1851, while the Oregon was under full headway descending the Mississippi river, one of her boilers bursted, by which the furnace or fire-bed was uncovered, the neighboring timbers and woodwork broken and shattered, and…
2Cited by7 opinions
- Spring Garden Ins. v. Imperial Tobacco Co.Court of Appeals of Kentucky · 1909
- Merica v. BurgetIndiana Court of Appeals · 1905
- Heuer v. North Western National Insurance Co. of MilwaukeeIllinois Supreme Court · 1893
- Smiley v. Citizens F. M. & L. Ins.West Virginia Supreme Court · 1878
- Heuer v. Westchester Fire InsuranceAppellate Court of Illinois · 1892
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