DeLancey v. Insurance Co.
Supreme Court of New Hampshire
Assumpsit, by Randolph A. Delancey against The Rockingham Farmers’ Mutual Fire Insurance Company, on a policy of insurance dated November 19,1866, purporting to insure the plaintiff’s house, clothing, and provisions.
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Assumpsit, by Randolph A. Delancey against The Rockingham Farmers’ Mutual Fire Insurance Company, on a policy of insurance dated November 19,1866, purporting to insure the plaintiff’s house, clothing, and provisions. The facts in regard to the title of the house, and the land on which it stood, were as follows: Moses Hobbs died, seized in fee of the premises, sometime before February 24, 1866, leaving a widow, Abby L. Hobbs ; three brothers, Obed, Maurice, and James; and one sister, Abigail T. DeLancey, wife of the plaintiff, but no lineal descendants. His widow waived the provisions of the…
1Opinion of the CourtDoe, J.
In the application for insurance, signed by the plaintiff, he is made to say, among many of the things, and in the kind of print extremely difficult to be read, usually found in such documents, that he covenants and agrees that the description of the property in the application is correct, so far as regards its condition, situation, value, and risk ; that the misrepresentation or suppression of material facts, in the application, shall destroy his claim for a damage or loss,; and that he holds himself bound by the charter and by-laws of the company. The policy, after reciting, in diminutive…
2Cases cited1 opinion
- Combs v. Hannibal Savings & InsuranceSupreme Court of Missouri · 1869
3Cited by13 opinions
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- Trombly v. Blue Cross/Blue ShieldSupreme Court of New Hampshire · 1980
- Nat. Merchandise Co., Inc. v. United Serv. Auto. Ass'nDistrict Court of Appeal of Florida · 1981
- Commercial Union Assurance Companies v. GollanSupreme Court of New Hampshire · 1978
- McCarthy Well Co. v. St. Peter Creamery, Inc.Supreme Court of Minnesota · 1987
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