National Bank v. Insurance Co.
Supreme Court of the United States
Error to the Circuit Court of the United States for the Western District of Missouri. This is an action on a policy of insurance .issued by the Hartford Fire Insurance Company to W. D. Oldham, on certain mill property, building, and machinery, and by him transferred and assigned to the First National Bank of Kansas City, Mo. The parties, by-written stipulation, waived a jury.; and, upon a special finding of facts, the Circuit Court gave judgment for the company.
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Error to the Circuit Court of the United States for the Western District of Missouri. This is an action on a policy of insurance .issued by the Hartford Fire Insurance Company to W. D. Oldham, on certain mill property, building, and machinery, and by him transferred and assigned to the First National Bank of Kansas City, Mo. The parties, by-written stipulation, waived a jury.; and, upon a special finding of facts, the Circuit Court gave judgment for the company. The bank thereupon-sued-out this writ of error. . It appears from the special finding,- that, by the terms of the application, the…
1Opinion of the CourtJustice Harlan
On behalf of the company, it is contended that, under any proper construction of the contract, the assured warranted, absolutely and without limitation, the truth of the several statements in the application, including the statement-as to the value of the property.-’ If this view be sound, the judgment of the Circuit Court, must be affirmed; otherwise,it must be reversed.
Our conclusion is that the plaintiff in error, who .is the beneficiary of the policy, is entitled to a judgment, notwithstanding the overvaluation of the property by the assured..
The entire application having been made,…
2Cited by220 opinions
- American Surety Company v. PaulySupreme Court of the United States · 1898
- Mutual Life Insurance v. Hurni Packing Co.Supreme Court of the United States · 1923
- Thompson v. Phenix InsuranceSupreme Court of the United States · 1890
- Travellers' Insurance v. McConkeySupreme Court of the United States · 1888
- Massachusetts Benefit Life Ass'n v. RobinsonSupreme Court of Georgia · 1898
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