Carpenter v. American Ins.
U.S. Circuit Court for the District of Rhode Island
At law. This was an action of assumpsit [by Jeremiah Carpenter] on a policy of insurance upon the Glenco Factory and machinery, underwritten by the American Insurance Company at Providence, on the faith of certain representations contained in letters written by Samuel G. Wheeler to the insurance company.
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At law. This was an action of assumpsit [by Jeremiah Carpenter] on a policy of insurance upon the Glenco Factory and machinery, underwritten by the American Insurance Company at Providence, on the faith of certain representations contained in letters written by Samuel G. Wheeler to the insurance company. At the time that the policy was underwritten, he and his brother Henry M. Wheeler were proprietors of the factory and machinery under the copartnership name of Henry M. Wheeler & Co. The policy bore date on the 12th of December, 1S3G, and was as follows: “The American Insurance Company &c. do…
1Opinion of the CourtStort, Circuit Justice
We are clearly of opinion, that the policy in this case having been obtained upon a misrepresentation of the material facts, is utterly void. The original proposal for the insurance, by the letter of the 14th of November, 1830, referred the defendants to the description of the property at Providence Washington Insurance Company’s office, at which it was insured for $15,000, the property being therein valued at $19,000. The defendants, after examining that policy and description, declined, by the letter of the 17th of November, to take the additional sum proposed, upon the very ground, that…
2Cited by22 opinions
- Crislip v. CainWest Virginia Supreme Court · 1882
- Busch v. WilcoxMichigan Supreme Court · 1890
- Goddard v. Monitor Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1871
- American Bonding & Trust Co. v. BurkeSupreme Court of Colorado · 1906
- Keller v. Home Life InsuranceMissouri Court of Appeals · 1902
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