Bowman v. Pacific Ins. Co.

• Decision Date: 31 March 1858
• Parties: BOWMAN, Plaintiff in Error, v. PACIFIC INSURANCE COMPANY, Defendant in Error.
• Court: Missouri Supreme Court

27 Mo. 152

BOWMAN, Plaintiff in Error,

v.PACIFIC INSURANCE COMPANY, Defendant in Error.

Supreme Court of Missouri.

March Term, 1858.

1. Among the printed clauses of a fire policy on merchandise were the following: “If there shall be deposited, kept or stored therein any of the articles, goods or merchandise in the same terms and conditions denominated “hazardous,' or ‘extra hazardous,’ or included in the memorandum of ‘special’ rates, except as herein specially provided for, or hereafter agreed to by this corporation in writing, to be added to or endorsed upon this policy, then and from thenceforth, so long as the same shall be so appropriated, applied or used, these presents shall cease and be of no force and effect.”“And it is conditioned that no greater amount than twenty-five pounds of gunpowder shall at any time be placed in the building described in this policy--said powder to be kept in tin or other metallic canisters.” Among the articles enumerated in the memorandum of “special” rates was gunpowder. There were no other provisions with respect to the keeping of gunpowder. Held, that the assured might keep on hand a quantity of powder less than twenty-five pounds in tin or other metallic canisters.

Error to St. Louis Court of Common Pleas.

This was an action on a policy of insurance against fire. Said policy contained the following clauses: “If there shall be kept or stored therein any of the articles, goods or merchandise in the same terms and conditions denominated ‘hazardous,’ or ‘extra hazardous,’ or included in the memorandum of ‘special’ rates, except as herein specially provided for, or hereafter agreed to by this corporation in writing, to be added to or endorsed upon this policy, then and from thenceforth, so long as the same shall be so appropriated, applied or used, these presents shall cease and be of no force and effect.”“And it is conditioned that no greater amount than twenty-five pounds of gunpowder shall be placed at any time in the building described in this policy--said powder to be kept in tin or other metallic canisters.”““Gunpowder” was included in the memorandum of “special” articles.

The evidence tended to show that the plaintiff kept from four to six pounds of powder in his store, and that it was kept in a wooden keg lined with tin foil.

The court instructed the jury as follows: “The terms of the policy suspended the risk whilst gunpowder was kept in the store, unless the defendant agreed in writing that the same might be kept; and, even if such an agreement in writing had been made, the risk would have been suspended by the terms of the policy if the gunpowder was not kept in tin...