Brown v. Williams
Supreme Judicial Court of Maine
The facts sufficiently appear in the opinion of the Court. Applications in writing for insurance were required to be made, and certain questions to be answered. In this case, one was : “ Question. Who is the owner of the building ? Is there any incumbrance ? Answer. Applicant.” On the same paper was the following : —• “ N. B. If the representation above, is materially false, the policy will not-cover a loss or damage done to the property.”
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The facts sufficiently appear in the opinion of the Court. Applications in writing for insurance were required to be made, and certain questions to be answered. In this case, one was : “ Question. Who is the owner of the building ? Is there any incumbrance ? Answer. Applicant.” On the same paper was the following : —• “ N. B. If the representation above, is materially false, the policy will not-cover a loss or damage done to the property.” In the policy, reference was made to the application. M. H. Smith, for the trustees, made one point, that the company was not liable, because the…
1Opinion of the Court
The opinion of the Court was drawn up by
Whitman C. J.
— The defendant, being defaulted, and the trustees, who are the Thomaston Mutual Fire Insurance Company, having disclosed, we are required to determine whether they are chargeable, or not. If they are, it is because they were, at the time of the service of the writ upon them, answerable upon two policies against damage by fire, issued by them in favor of the defendant, Williams, upon buildings represented by him to be his; and which had been consumed by fire, before that time. The company are entitled to a lien on all property insured by…
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