Nappanee Furniture Co. v. Vernon Ins. Co.

• Decision Date: 22 June 1894
• Citation: 37 N.E. 1064,10 Ind.App. 319
• Parties: NAPPANEE FURNITURE CO. v. VERNON INS. CO.
• Court: Indiana Appellate Court

10 Ind.App. 319

37 N.E. 1064

NAPPANEE FURNITURE CO.

v.VERNON INS. CO.

Appellate Court of Indiana.

June 22, 1894.

Appeal from circuit court, Elkhart county; J. M. Vanfleet, Judge.

Action by the Nappanee Furniture Company against the Vernon Insurance Company. From a judgment for defendant, plaintiff appeals. Affirmed.

Osborne & Zook for appellant. Finch & Finch and Baker & Miller, for appellee.

DAVIS, J.

This case comes before this court upon an amended complaint filed by the appellant against the appellee, and upon a motion of the appellee to strike from the amended complaint certain allegations, which motion was sustained by the court below. The complaint in this case was upon a policy of insurance issued by the appellee to the appellant insuring it upon certain property. The written portion of the policy described the insurance granted as follows: “In consideration of thirty dollars, agrees to indemnify Nappanee Furniture Company to the amount of one thousand dollars. Nappanee Furniture Company. $400.00 on their two-story brick, slate-roof building, and one-story brick, metal-roof engine and boiler house attached, and brick and iron stack, situate on the east side of South Madison street, Nappanee, Indiana. $200.00 on engines and boilers, including connections and pumps. $213.33 1/3 on their machinery, fixed and movable, including belts, pulleys, gearing, shafting, hangers, gas, water, and steam pipes, glue pots, presses, working benches, patters, machine bits, clamps, trussels, tools, elevator, and fixtures, including the cost of resetting the same. $33.33 1/3 on blowers, dust separators, piping, and connections. $233.33 1/3 on stock of furniture finished, unfinished, and in process of manufacture, including hardware and other materials used in the manufacture of the same, all while contained in said above-described buildings. $53.33 1/3 on their one-story frame, metal-roof dry kiln attached. $46.66 2/3 on their dry kiln apparatus, including lumber therein. $14,000.00 additional concurrent insurance allowed. Permission granted assured to erect a brick-veneered building, to be used for warehouse and finishing room, to be located fifteen feet from factory, and to be insured under this policy.”

On motion of appellee, the following parts of the complaint were stricken out: “That at and before the issuing of said policy, the plaintiff contemplated building an addition to its manufacturing plant referred to in the policy, by erecting near thereto a brick-veneered building, to be used as a warehouse and finishing room, of which intention and contemplated building the said agent was informed before the policy was issued; and thereupon the defendant inserted in its said policy a building permit for the erection of said building, and for the insurance thereof during its construction against loss or damage by fire, and thereby did agree to insure the said building during the process of its construction to the amount of not to exceed one thousand dollars against loss or damage by fire in and by the following stipulation contained in said policy, viz.: ‘Permission granted assured to erect a brick-veneered building to be used for warehouse and finishing room, to be located fifteen feet from factory, and to be insured under this policy;’ and thereafter the plaintiff did proceed to erect and construct the said brick-veneered brick building, and during the process of its erection, and before its completion, on the 11th day of July, 1892, while said policy was in full force and effect, the said building was totally destroyed by fire, without the...