The Nappanee Furniture Company v. The Vernon Insurance Company
| Citation | 37 N.E. 1064,10 Ind.App. 319 |
| Decision Date | 22 June 1894 |
| Docket Number | 1,159 |
| Parties | THE NAPPANEE FURNITURE COMPANY v. THE VERNON INSURANCE COMPANY |
| Court | Court of Appeals of Indiana |
From the Elkhart Circuit Court.
Judgment affirmed.
J. D Osborne and A. S. Zook, for appellant.
F. M Finch, J. A. Finch, F. E. Baker and C. W. Miller, for appellee.
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:
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 the factory, and to be insured under this policy,' and thereafter the plaintiff did proceed to erect and construct the said brick veneered 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 fault or negligence of the plaintiff, and was then of the value of two thousand dollars, and the loss and damage occasioned thereto by said fire was two thousand dollars."
Also: "Before said fire, the building was so far completed as that it was, and had been for some time, occupied and used as such warehouse and finishing room, and the plaintiff relying upon the fact that it was so insured did not procure other and further insurance thereon."
The ruling on the motion to strike out is the basis of the only error assigned in this court.
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Nappanee Furniture Co. v. Vernon Ins. Co.
......M. Vanfleet, Judge. Action by the Nappanee Furniture Company against the Vernon Insurance Company. From a judgment for defendant, plaintiff appeals. ......