Arkell v. . Commerce Ins. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in third judicial department affirming a judgment in favor of plaintiffs, entered upon the report of a referee. (Reported below, 7 Hun, 455.) This action was upon a policy of fire insurance upon plaintiffs’ stock of goods contained in a building, described in the policy, situate in the village of Canajoharie. The facts are sufficiently set forth in the opinion.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in third judicial department affirming a judgment in favor of plaintiffs, entered upon the report of a referee. (Reported below, 7 Hun, 455.) This action was upon a policy of fire insurance upon plaintiffs’ stock of goods contained in a building, described in the policy, situate in the village of Canajoharie. The facts are sufficiently set forth in the opinion. The putting m of the gasoline works and their use did not violate any of the terms of the policy. (Quincy v. White, 63 N. Y., 370, 375; Second National Bank v. Poucher, 55…
1Opinion of the CourtMiller, J.
After the policy was issued to the plaintiffs works were constructed by them for the purpose of manufacturing gas, from gasoline, for lighting the buildings in which the insured property was. The gas was evaporated in a tank which was located at least fifty feet from the building, and was conducted to the same by means of pipes and other apparatus. It is insisted that the express provisions of the policy were violated by the construction of the gas works and the use of the gas manufactured in said works in the building of the plaintiffs. One of the conditions of the policy' is that “the…
2Cited by5 opinions
- McDaniel Bros. v. WilsonCourt of Appeals of Texas · 1931
- Gordon v. Automobile Club of AmericaNew York Supreme Court · 1916
- Seligson v. SeegarSupreme Court of Arkansas · 1947
- Olson v. St. Paul Fire & Marine InsuranceSupreme Court of Minnesota · 1886
- Atwater v. Village of CanandaiguaNew York Supreme Court · 1890