James River Insurance v. Merritt & Robertson

Tbe suit was by tbe appellees, against tbe appellant, to recoyer tbe amount for wbicb certain property bad been insured that was destroyed by fire.

*388The defendant pleaded specially, in substance, that the insurance was obtained on the written application of the plaintiffs, and there was a misrepresentation or concealment of the presence of a planing machine in the building insured, which was not included in the property insured, but was of the class or kind of articles for which a higher rate of'insurance was charged, and for that reason the policy was void by its terms. The plaintiff replied…