New Jersey Rubber Co. v. Commercial Union Assurance Co. of London

The opinion of the court was delivered by

Garrison, J.

This is an action upon a policy of insurance. The plaintiff declares upon a contract by the defendant to insure it against loss by fire to an .amount not exceeding $5,000 on the stock and raw material in the frame storehouse of the plaintiff. A total loss is alleged. The defendant gave notice with its plea of the general issue of four special matters of defence—

First. The concealment by the plaintiff of material facts and circumstances.

Becond. The misrepresentation by the plaintiff of the same.

Third. The false representation by the…