Waterbury v. Dakota F. & M. Ins.
Supreme Court Of The Territory Of Dakota
APPEAL from the district court, Davison county; Hon. Bartlett Tripp, Judge. The only question is, did the omission to build the chimney avoid the policy ? By their contract the application is made a part of it. The effect of this is that what would otherwise be mere representations are converted into warranties. Cushman v. IT. S. Ins. Co., 63 N. Y. 407. Warranties must be strictly and literally complied with. Barteau v. Phoenix Ins.
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APPEAL from the district court, Davison county; Hon. Bartlett Tripp, Judge. The only question is, did the omission to build the chimney avoid the policy ? By their contract the application is made a part of it. The effect of this is that what would otherwise be mere representations are converted into warranties. Cushman v. IT. S. Ins. Co., 63 N. Y. 407. Warranties must be strictly and literally complied with. Barteau v. Phoenix Ins. Co., 67 N. Y. 595; Wood, Ins. 313; Byers v. Farmers’ Ins. Co., 35 Ohio St. 606; Jeffries v. Life Ins. Co., 22 Wall. 47; Davenport v. New Eng. Ins. Co., 6 Cush.…
1Opinion of the CourtCkofoot, J.
This action is brought to recover on a fire insur*470anee policy issued by the defendant upon plaintiffs dwelling-house and personal property.
The answer sets forth several defenses, but the only one relied upon, in the argument before this court, is an alleged breach of warranty on the part of plaintiff in not building a brick chimney upon the house in the spring of 1885, whereby the defendant seeks to avoid liability for the loss.
The case was submitted to the trial court upon an agreed statement of facts, which includes the fact that plaintiff never built a chimney, as set out in his answer to…
2Cases cited17 opinions
- Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
- Campbell v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1867
- Jeffries v. Life InsuranceSupreme Court of the United States · 1875
- Plumb v. . Cattaraugus Co. Mutual Insurance Company.New York Court of Appeals · 1858
- Jefferson Insurance v. H. & D. Cotheal.New York Supreme Court · 1831
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3Cited by7 opinions
- Leisen v. St. Paul Fire & Marine InsuranceNorth Dakota Supreme Court · 1910
- Shotliff v. Modern Woodmen of AmericaMissouri Court of Appeals · 1903
- Soules v. Brotherhood of American YeomenNorth Dakota Supreme Court · 1909
- North British & Mercantile Insurance v. San Francisco Securities Corp.Arizona Supreme Court · 1926
- Federal Deposit Ins. Corp. of Washington v. Western Surety Co.South Dakota Supreme Court · 1939
2 more not listed; retrieve them via the Exa API.