Williams v. New England Mutual Fire Insurance
Supreme Judicial Court of Maine
Assumpsit, upon a policy, whereby the defendants insured to the plaintiff, on the 30th day of June, 1848, $1500, for three months, upon a double house, which he ivas erecting in Portland, and upon the materials for finishing it ; at a premium of ten per cent, a year, till the building should be completed, and after that at the “ average rate.”
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Assumpsit, upon a policy, whereby the defendants insured to the plaintiff, on the 30th day of June, 1848, $1500, for three months, upon a double house, which he ivas erecting in Portland, and upon the materials for finishing it ; at a premium of ten per cent, a year, till the building should be completed, and after that at the “ average rate.” The Act by which the defendants were incorporated, contained the following among other provisions: — “ All persons who may at any time become insured under this Act, and also their legal representatives, continuing to be insured therein, as is hereafter…
1Opinion of the Court
Shepuey, O. J.
It* is contended in the first place, that the *224statement made in the application in answer to the fifth interrogatory amounts to a warranty, that no stove should be used in the building for any purpose, and that the instructions on this point were erroneous.
The instruction considered with reference to the testimony would only inform the jury, that the use of a stove in the manner, that the plaintiff informed the witness that it had been used, would not avoid the policy, if the risk was not thereby increased.
It is not difficult to distinguish between a Avarranty and a…
2Cases cited4 opinions
- Jefferson Insurance v. H. & D. Cotheal.New York Supreme Court · 1831
- Farmers' Insurance & Loan Co. v. SnyderCourt for the Trial of Impeachments and Correction of Errors · 1836
- Delonguemare v. Tradesmen's InsuranceThe Superior Court of New York City · 1829
- Snyder v. Farmers' Insurance & Loan Co.New York Supreme Court · 1834
3Cited by11 opinions
- Kircher v. Milwaukee Mechanics' Mutual InsuranceWisconsin Supreme Court · 1889
- McClure v. Mutual Fire Ins.Supreme Court of Pennsylvania · 1913
- Adair v. Southern Mutual InsuranceSupreme Court of Georgia · 1899
- Coleman Furniture Corp. v. Home Ins. Co. of New YorkCourt of Appeals for the Fourth Circuit · 1933
- Carr v. Iowa Mutual Tornado InsuranceSupreme Court of Iowa · 1951
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