Poor v. Humboldt Insurance
Massachusetts Supreme Judicial Court
Contract on a policy of insurance, dated July 12, 1875, by which the plaintiff was insured in the sum of $2500 “ on his frame building and fixtures known as the Oceanic House, situate in the town of Gosport, Star Island, Isles of Shoals, N. H.’* The policy also contained the following clause: “ Warranted a family to live in said house throughout the year.”
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Contract on a policy of insurance, dated July 12, 1875, by which the plaintiff was insured in the sum of $2500 “ on his frame building and fixtures known as the Oceanic House, situate in the town of Gosport, Star Island, Isles of Shoals, N. H.’* The policy also contained the following clause: “ Warranted a family to live in said house throughout the year.” At the trial in the Superior Court, before Putnam,, J., the execution of the policy, and the loss of the insured premises by fire on the night of November 11, 1875, during the term of the policy, were admitted ; and the only question was…
1Opinion of the CourtAmes, J.
The stipulation that a family should live in the house throughout the year was an express warranty, and without its literal and exact fulfilment the policy would cease to be binding upon the company. Daniels v. Hudson River Ins. Co. 12 Cush. 416. Sayles v. North-Western Ins. Co. 2 Curtis, 610. Its natural interpretation would be that during the year the house was to be under that kind of care and supervision which would be furnished by its ordinary and continuous occupation by a family keeping house in it and making it their home. It is manifest that the security against fire, furnished by…
2Cited by6 opinions
- Agricultural Insurance v. Hamilton ex rel. HopkinsCourt of Appeals of Maryland · 1895
- Dodge v. Boston & Providence RailroadMassachusetts Supreme Judicial Court · 1891
- Sexton v. Hawkeye Ins.Supreme Court of Iowa · 1886
- Townsend v. TownsendMassachusetts Supreme Judicial Court · 1892
- Moore v. Phœnix InsuranceSupreme Court of New Hampshire · 1882
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