Rau v. Westchester Fire Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Eugene Rau, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of "New York on the 27th day. of May, 1898, upon the dismissal of the complaint by direction of the court after a trial before the court-and a'jury at the New York "Trial Term, and . also from an order entered in said clerk’s office on the 6th day of June, 1898, denying the plaintiff’s motion for a new trial made upon" the…
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Appeal by the plaintiff, Eugene Rau, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of "New York on the 27th day. of May, 1898, upon the dismissal of the complaint by direction of the court after a trial before the court-and a'jury at the New York "Trial Term, and . also from an order entered in said clerk’s office on the 6th day of June, 1898, denying the plaintiff’s motion for a new trial made upon" the minutes. The policy of insurance upon which this action was brought contained two provisions relative to-the use of benzine…
1Opinion of the Court
Rumsey, J.:. The action was upon a policy of fire insurance, by which the defendant insured the plaintiff against loss by fire upon certain machinery in a brick building with frame additions, in the city of Paterson, New Jersey. The defense, so far as material to this appeal, was based upon a claim that the assured kept upon the premises benzine in a quantity exceeding one quart, which was permitted in the policy, and in .violation of one of the conditions of the. policy, and that, therefore, the contract of insurance was avoided. The sole question presented was, whether the benzine, which…
2Cases cited2 opinions
- Carlin v. Western Assurance Co. of Toronto, CanadaCourt of Appeals of Maryland · 1882
- Northwestern Mutual Life Insurance v. Germania Fire InsuranceWisconsin Supreme Court · 1876
3Cited by2 opinions
- Rossini v. Saint Paul Fire & Marine Ins. Co.California Supreme Court · 1920
- Rau v. Westchester Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1900