Legal Opinion
Peoples' Mutual Fire Ins. v. Bowersox
Williams Circuit Court
Decided June 15, 1891Published
Error to the Court of Common Pleas of Williams county.
1Opinion of the CourtScribner, J.
The policy sued upon in the court below was issued July 22, 1886. The loss-occurred August 3, 1889.
The by-laws of the company, which formed a part of the policy, contained the following provision:
“This company will not be liable under and by virtue of any policy • issued by it * * * if the assured shall procure or suffer to accrue any incumbrance covering the property therein specified or any part thereof. *' * * In each and every such case the insurance thereunder is void, and immediately ceases and determines.”
After the issuing of the policy in question, the assured executed and delivered…
2Cases cited6 opinions
- Bowman v. Franklin Fire InsuranceCourt of Appeals of Maryland · 1874
- Green v. . Homestead Fire Insurance Co.New York Court of Appeals · 1880
- Cook v. . FreudenthalNew York Court of Appeals · 1880
- Egan v. Mutual InsuranceNew York Supreme Court · 1848
- Moon v. JenningsIndiana Supreme Court · 1889
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