Williams v. . People's Fire Insurance Co.
New York Court of Appeals
Appeal from judgment of the General. Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiff, rendered upon a verdict. This action was brought upon a policy of fire insurance issued by defendant. The insurance was upon certain merchandise contained in a room of a building in the city of New York, used by plaintiff both as a salesroom and sleeping-room.
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Appeal from judgment of the General. Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiff, rendered upon a verdict. This action was brought upon a policy of fire insurance issued by defendant. The insurance was upon certain merchandise contained in a room of a building in the city of New York, used by plaintiff both as a salesroom and sleeping-room. The merchandise was destroyed by fire on the 31st day of January, 1868. There was a condition annexed to. the policy that “ if the risk shall be increased by any means whatever within the control…
1Concurrence
The only point which it will be necessary to consider, in the present case, is, whether the judge at the trial erred in refusing to submit to the jury the question, whether there had been a violation of the conditions of the insurance policy, insuring the plaintiff's goods, by reason of an increase of the risk, owing to the plaintiff's own act.
The condition in the policy, which is claimed by the defendant to have been violated by the plaintiff, is as follows: "If, after insurance has been effected, either by the original policy or the renewal thereof, the risk shall be increased by any means…
2Cases cited6 opinions
- Jennings v. Chenango Mutual InsuranceNew York Supreme Court · 1846
- Allen v. Mutual Fire InsuranceCourt of Appeals of Maryland · 1852
- Hynds v. Schenectady County Mutual InsuranceNew York Court of Appeals · 1854
- Allen v. Massasoit InsuranceMassachusetts Supreme Judicial Court · 1868
- Mayor, Aldermen & Commonalty v. Hamilton Fire InsuranceThe Superior Court of New York City · 1863
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