Hayward v. Liverpool & London Fire & Life Insurance
The Superior Court of New York City
Appeal from a judgment for the defendants, rendered " May 24,1860, upon a trial at special term, had on the 15th of May, 1860, before Mr. Justice Hoffman, a trial by jury having been waived by consent of the parties.
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Appeal from a judgment for the defendants, rendered " May 24,1860, upon a trial at special term, had on the 15th of May, 1860, before Mr. Justice Hoffman, a trial by jury having been waived by consent of the parties. The action is on a policy of insurance issued by the defendants, whereby they insured the plaintiff, against loss or damage by fire, to the amount of $10,000. It is not necessary to state the pleadings further than to say, that they are sufficient to present the single question upon which the plaintiff’s claim and the defense of the defendants depend, viz., whether the defendants…
1Opinion of the Court
By the Court. Woodruff J.
—-In St. John v. The American Mutual Fire and Marine Insurance company, (1 Dner 311,) the defendants had insured the plaintiff’s property against loss or damage by fire, and, by one of the conditions annexed to the policy, had provided that they would not be liable “ for any loss occasioned by the explosion of a steam boiler, or explosions arising from any other cause.” A steam boiler, in the basement of the building, in the upper stories of which the insured property was contained, exploded; the walls of the building were mostly thrown down, and the fires in the…
2Cases cited1 opinion
- Harper v. City InsuranceThe Superior Court of New York City · 1857
3Cited by5 opinions
- Commercial Insurance v. RobinsonIllinois Supreme Court · 1872
- Western Assur. Co. of Toronto v. J. H. Mohlman Co.Court of Appeals for the Second Circuit · 1897
- N. & M. Friedman Co. v. Atlas Assurance Co.Michigan Supreme Court · 1903
- Smiley v. Citizens F. M. & L. Ins.West Virginia Supreme Court · 1878
- Strong v. . Sun Mutual Ins. Co.New York Court of Appeals · 1865