Legal Opinion

Wheeler v. Traders' Insurance

Supreme Court of New Hampshire

Decided June 5, 1883Published

Motion, for rehearing Wheeler v. Insurance Co., p. 326, ante, where the facts are stated.

1Opinion of the CourtAelen, J.

Tbe stipulation in the policy, that “if the assured shall keep or use . . . petroleum, napbtha, gasoline, benzine, benzole, or benzine varnish, or keep or use camphene, spirit gas, or any burning fluid or chemical oils without written permission in this policy, then and in every such case this policy is void, and all insurance thereunder shall immediately cease and determine,” was a part of the contract of insurance entered into by the plaintiff with the defendants, without any apparent mistake, deception, or fraud. The plaintiff expressly agreed that a violation of the condition should, of…

2Cases cited8 opinions

  1. Carlin v. Western Assurance Co. of Toronto, CanadaCourt of Appeals of Maryland · 1882
  2. Buchanan v. . Exchange Fire Ins. Co.New York Court of Appeals · 1874
  3. Smith v. Mechanics' & Traders' Fire InsuranceNew York Court of Appeals · 1865
  4. Mead v. . the Northwestern Insurance Co.New York Court of Appeals · 1852
  5. Kelly v. Home InsuranceMassachusetts Supreme Judicial Court · 1867

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