Luce v. Springfield Fire & Marine Ins.

WITHE Y, District Judge.

Luce brings this action as the assignee of a policy of insurance, issued by the defendant to .Tames H. Roberts, dated February 28, 1871, insuring Roberts “against loss or damage by fire to the amount of $2,500, for one year, on his oil paintings, consisting of landscapes and pox-traits, as per schedule, $7,500 other insurance.” In the printed portion of this policy is this clause: “Said loss or damage to be estimated accox-ding to the true and actual cash value of the said property at the time the same may happen.”

The schedule referred to in the policy was made up and…