In Mark v. National Fire Ins. Co. (1881), 31 N.Y. Sup. Ct. Rep. 565, the policy appears to have been upon a ferry boat while running on the Hudson river. It was burned while tied up and not in actual use. The defendants did not contend that the policy did not cover such a contingency, but rested their defence upon the contention that they were not liable, by reason of a clause in the policy that it should be void if the risk should be increased by means within the control of the assured.
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