Hosford v. Hartford Fire Insurance
Supreme Court of the United States
ERROij TO THE CIRCUIT COUBT OE THE UNITED STATES FOE THE DISTRICT OF NEBRASKA. This case was substantially like that of Hosford v. Cermania Ins.
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ERROij TO THE CIRCUIT COUBT OE THE UNITED STATES FOE THE DISTRICT OF NEBRASKA. This case was substantially like that of Hosford v. Cermania Ins. Co., omte, except that no question arose as to smoking on the premises, that the policy itself contained no provision on the subject of incumbrances, and that so much of the application as related to that subject was in this form: “ 13. Incumbrance. — Is there a mortgage, trust deed, lien, or incumbrance of any kind, on property? Yes. Amount, and- in whose favor ? $3000; I: May. What is the entire ,value of property incumbered? '$21,000.” “And the…
1Opinion of the CourtJustice Gray
In this case, I am instructed by the majority of the court to announce its opinion that the warranty concerning incumbrances includes only incumbrances created by the act or with íhe consent of the assured, and not those created by the law; and therefore the policy was not avoided by the omission to disclose the fact that “ delinquent taxes ” on the premises for previous years were due and unpaid, although by the statutes of Nebraska taxes are made a lien on the real estate taxed.
Judgment reversed, and case remanded to the Circuit Cov/rt, with directions to render judgment for the plaintiffs…
2Cases cited1 opinion
- Barnard v. District of ColumbiaSupreme Court of the United States · 1888
3Cited by8 opinions
- Kline Bros. v. Royal Ins. Co.U.S. Circuit Court for the District of Southern New York · 1911
- Day v. Hustisford Farmers Mutual InsuranceWisconsin Supreme Court · 1927
- Lodge v. Capital InsuranceSupreme Court of Iowa · 1894
- Pusey's EstateSupreme Court of Pennsylvania · 1930
- Small v. Westchester Fire Ins.U.S. Circuit Court for the District of Indiana · 1892
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