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U.S. Supreme Court

Gunther v. Liverpool & London & Globe Ins. Co., 134 U.S. 110 (1890)

Gunther v. Liverpool and London and Globe Insurance Company

No. 1367

Argued January 16, 1890

Decided March 3, 1890

134 U.S. 110


A policy of insurance on a building and its contents against fire, containing a printed condition by which

"kerosene or carbon oils of any description are not to be stored, used, kept or allowed on the above premises, temporarily or permanently, for sale or otherwise, unless with written permission endorsed on this policy, excepting the use of refined coal, kerosene, or other carbon oil for lights, if the same is drawn and the lamps filled by daylight; otherwise this policy shall be null and void,"

is avoided if kerosene or other carbon oil is drawn upon the premises near a lighted lamp by any person acting by direction or under authority of the assured's lessee, although there was attached to the policy at the time of its issue a printed slip, signed by the insurer, "privileged to use kerosene oil for lights, lamps to be filled and trimmed by daylight only," and although the insurer has since written in the margin of the policy, "privileged to keep not exceeding five barrels of oil on said premises."

Liverpool & London Insurance Co. v. Gunther, 116 U. S. 113, affirmed.

When there is no evidence to warrant a verdict for the plaintiff, so that if such a verdict were returned, it would be the duty of the court to set it aside, a verdict may be directed for the defendant.

In contract on a policy of insurance. Judgment for defendant. Plaintiff sued out this writ of error. The case is stated in the opinion.

Page 134 U. S. 111

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