MOHAWK VAL. FUEL CO. v. HOME IND. CO.


8 Misc.2d 445 (1957)

Mohawk Valley Fuel Co., Inc., Plaintiff, v. Home Indemnity Company et al., Defendants.

Supreme Court Trial Term, Oneida County.

July 10, 1957.


Attorney(s) appearing for the Case

Bartle Gorman for plaintiff.

James C. O'Shea for Indemnity Insurance Company of North America, defendant.

Mason F. Sexton for Home Indemnity Company, defendant.


DONALD P. GORMAN, J.

This action presented upon agreed facts seeks judgment against two insurance carriers which have disclaimed liability for personal injuries and property damage arising out of the delivery of fuel oil to an erroneous address. The oil was discharged through an intake valve onto the floor of a cellar containing no receptacle for its storage. A quickly resulting five caused the personal and property...

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