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Tuttle v. Home Insurance

240 N.Y. 674 Court N.Y. Decision date 1925-06-09 English

Contents

Majority

p. 674
Charles H. Tuttle, Respondent, v. Home Insurance Company, Appellant.
(Argued May 15, 1925;
decided June 9, 1925.)

Headnote

Insurance — action to recover upon policy of fire insurance covering ’ furniture in dwelling house and additions — furniture in separate building physically connected with dwelling covered.
Tuttle v. Nome Ins. Co., 213 App. Div. 816 , affirmed.
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department,
p. 675
entered March 31, 1925, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The action was to recover upon a policy of fire insurance insuring furniture of the assured “ while contained in the said dwelling house and additions.” The furniture destroyed was contained in a building separate from the dwelling house though physically connected therewith.
Frank Sowers for appellant.
Charles H. Tuttle and Martin A. Schenck for respondent.

Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.