Farmers' Insurance & Loan Co. v. Snyder
Court for the Trial of Impeachments and Correction of Errors
Error from the supreme court. This was an action on a policy of insurance against fire. Snyder was insured $4000 on his stock of merchandise, consisting of dry goods, groceries, and such goods as are usually kept at a country store, except ardent spirits, “ contained in the stone building with shingle roof, occupied by himself and others, situated at, &c. more particularly described in application and survey furnished by himself, filed No. 938 in the office of the…
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Error from the supreme court. This was an action on a policy of insurance against fire. Snyder was insured $4000 on his stock of merchandise, consisting of dry goods, groceries, and such goods as are usually kept at a country store, except ardent spirits, “ contained in the stone building with shingle roof, occupied by himself and others, situated at, &c. more particularly described in application and survey furnished by himself, filed No. 938 in the office of the underwriters'' .On the trial the defendants, on the call of the plaintiff, produced the survey, which is in these words : “ Survey…
1Opinion of the Court
The following opinion was delivered :
By the Chancellor.
The principle is well settled that every warranty on the part of the assured, whether express or implied, is in the nature of a condition precedent to the payment of the loss, and must be strictly complied with, or the policy is void. In this respect there is a material difference between a warranty and a representation ; which latter is a matter of collateral information or intelligence relative to the subject and nature of the risk to be assumed, which in itself must have been calculated to increase the responsibility of the…
2Cited by28 opinions
- Penn Mut. Life Ins. v. Mechanics' Savings Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1896
- Jennings v. Chenango Mutual InsuranceNew York Supreme Court · 1846
- Ruse v. . the Mutual Benefit Life Insurance CompanyNew York Court of Appeals · 1861
- Goddard v. East Texas Fire InsuranceTexas Supreme Court · 1886
- Glendale Woolen Co. v. Protection Insurance Co.Supreme Court of Connecticut · 1851
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