Legal Opinion

Bardwell v. Conway Mutual Fire Insurance

Massachusetts Supreme Judicial Court

Decided March 7, 1877PublishedCited by 3 opinions

Contract on a policy of insurance by which the defendant insured Justin R. Smith, the plaintiff’s intestate, for the term of five years from August 13, 1873, “against loss or damage by fire, under the conditions and limitations hereinafter expressed, in the sum of $1300, as follows : $1000 on his two story frame dwelling-house and wood-shed connected; $100 on his household furniture therein; $100 on his barn and shed connected ; $100 on his hay therein; situate in West…

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Contract on a policy of insurance by which the defendant insured Justin R. Smith, the plaintiff’s intestate, for the term of five years from August 13, 1873, “against loss or damage by fire, under the conditions and limitations hereinafter expressed, in the sum of $1300, as follows : $1000 on his two story frame dwelling-house and wood-shed connected; $100 on his household furniture therein; $100 on his barn and shed connected ; $100 on his hay therein; situate in West Whately, Massachusetts, tad occupied by himself for a dwelling and private barn. $2200 insurance on said house, $300 on the…

1Opinion of the CourtDevens, J.

1. The court correctly refused to admit an statement of the value of the premises, made at the time of ¡ curing the policy by the plaintiff’s intestate, notwithstanding defendant offered to show that the assured knew it to be fal . The insurance was made upon a written application which wl i covenanted to be a full and true exposition of all the facts, and circumstances in regard to the condition, situation, value and risk of the property. Although the form used contained a blank for the valuation of the property, none was made by the applicant. The defendant did not require it, and did not…

2Cases cited2 opinions

  1. McGenness v. Adriatic MillsMassachusetts Supreme Judicial Court · 1874
  2. Bardwell v. Conway Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1875

3Cited by3 opinions

  1. Kingsley v. SpoffordMassachusetts Supreme Judicial Court · 1937
  2. Nugent v. Greenfield Life Ass'nMassachusetts Supreme Judicial Court · 1899
  3. French v. State Farm Fire & Casualty Co.Indiana Court of Appeals · 2011

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