Ætna Ins. Co. of Hartford v. Taylor

HOLMES, Circuit Judge.

These cases were consolidated for the purpose of trial in the court below; by stipulation of the parties and by order of court, they have been submitted here on a single record, and will be disposed of in one opinion. Separate verdicts and judgments were rendered against the appellants, the suits being based on policies of insurance against loss by fire on a stock of merchandise, consisting chiefly of dry goods, shoes, hats, and groceries.

*226The issue on the tr-ial was whether the insured had complied with warranties in the policy to take inventories and keep a set of books…