On certification to the Appellate Division of the Superior Court.
For affirmance -- Chief Justice Vanderbilt, and Justices Case, Heher, Oliphant, Wachenfeld, Burling and Ackerson. For reversal -- None. The opinion of the court was delivered by Vanderbilt, C.J.
This case was tried in the Essex County Court without a jury on an agreed state of facts and resulted in a judgment for $1,044.21 and costs in favor of the plaintiff. The defendant appealed from this judgment to the Appellate Division of the Superior Court. We have certified the cause on our own motion.
The plaintiff, which is engaged in the business of selling office furniture and fixtures, purchased two policies of fire insurance from the defendant. While the policies were in effect, a fire occurred in the premises occupied by the plaintiff at 889 Broad Street, Newark, N.J., damaging property located there belonging to the plaintiff. The defendant paid in full on one of the policies but denied liability on the other.
The pertinent portions of the policy here sued on read as follows:
"$5,000 on merchandise, materials and supplies of every description usual to the business of the Insured consisting of office, church, school
and household furniture of every description including samples, labels, full and empty packages, boxes and similar containers, the property of the insured, or held in trust, on commission or otherwise, for which the insured may be legally liable, or sold, but not delivered or removed.
"All while contained in the above described building, additions and extensions, adjoining and communicating therewith, or in yards or on sidewalks adjacent thereto.
"It is specifically understood and agreed that this policy covers all property of the Insured, and the Insured's insurable interest in such property while in the possession of others where it may be borrowed, held for approval, on contract of sale or where there may be a balance due on the payment of installment plan."
The premises referred to in the second paragraph above quoted are described in the policy as follows:
"Dwelling, stores and dwellings, store, apartment houses, churches, schools and Public and Municipal Buildings anywhere in the United States outside the City of New York, New York."
The first of the quoted paragraphs is printed except the words "$5,000" and "the insured consisting of office, church, school and household furniture of every description," which are typewritten. The second quoted paragraph is entirely in print, ...