Home Insurance Co. of New Orleans v. Cary

WILLIAMS, Associate Justice.

Defendant in error, who was plaintiff below, recovered a judgment upon a policy of insurance upon a stock of goods, issued to him by plaintiff in error. The defense was breach of warrant contained in what is.known as the “iron safe clause” of the policy. It was conceded in the pleading and evidence of plaintiff that he had not complied with the terms of that clause of the policy; but he claimed, and the court below charged the jury, that such stipulation was not a warranty, and that mere failure to comply with it did not avoid the policy. It is necessary only to…