Hynds v. Schenectady County Mutual Insurance
New York Court of Appeals
Action upon a policy of insurance dated the 10th of June, 1848, by which the defendant insured the plaintiffs against loss and damage by fire to the amount of $1500 on their flouring mill and machinery, and $500 on their carding machine and machinery, situate in the town of Seward, Schoharie county. The cause was tried in October, 1850, at the Schoharie county circuit, before Mr. Justice Wright and a jury. The policy of insurance above mentioned was read in evidence.
Read the full summary
Action upon a policy of insurance dated the 10th of June, 1848, by which the defendant insured the plaintiffs against loss and damage by fire to the amount of $1500 on their flouring mill and machinery, and $500 on their carding machine and machinery, situate in the town of Seward, Schoharie county. The cause was tried in October, 1850, at the Schoharie county circuit, before Mr. Justice Wright and a jury. The policy of insurance above mentioned was read in evidence. It contained a provision as follows: “ And it is agreed and declared to be the true intent and meaning of the parties hereto,…
1Opinion of the Court
Gardiner, Ch. J.
The language of the condition of the policy in question, so far as it is applicable to the case before us, is “ that in case the premises insured shall be appropriated, applied to or used for the purpose, either of storing or keeping therein any of the articles, goods, &c., denominated hazardous, &c., then, from thenceforth, so long as the same shall be so appropriated, applied, or used, these presents shall be of no force or effect.” It is not enough, according to this phraseology, that hazardous articles are upon the premises, They must be there for the purpose of being…
2Cases cited1 opinion
- Langdon v. New-York Equitable InsuranceThe Superior Court of New York City · 1828
3Cited by9 opinions
- LaForce v. Williams City Fire InsuranceMissouri Court of Appeals · 1891
- Boyer v. Grand Rapids Fire-Insurance Co.Michigan Supreme Court · 1900
- Springfield Fire & Marine Insurance Co. v. WadeTexas Supreme Court · 1902
- People v. FriedmanAppellate Division of the Supreme Court of the State of New York · 1909
- Bouchard v. Dirigo Mutual Fire InsuranceSupreme Judicial Court of Maine · 1915
4 more not listed; retrieve them via the Exa API.