Mispelhorn v. Farmers' Fire Insurance
Court of Appeals of Maryland
Appeal from the Court of Common Pleas. All the material facts of this case, now on its second appeal, are contained in the report in 50 Md., 180, and in the opinion of the Court on this appeal; except the ninth condition of the policy, which is as follows: Any misrepresentation or concealment, fraud or false swearing, shall cause a forfeiture of all claims on the insurers, and shall be a full bar to all remedies against this Company under this policy.
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Appeal from the Court of Common Pleas. All the material facts of this case, now on its second appeal, are contained in the report in 50 Md., 180, and in the opinion of the Court on this appeal; except the ninth condition of the policy, which is as follows: Any misrepresentation or concealment, fraud or false swearing, shall cause a forfeiture of all claims on the insurers, and shall be a full bar to all remedies against this Company under this policy. And said Company shall in no case be deemed to have waived a full, literal aud strict compliance with, and performance of each and every of the…
1Opinion of the CourtAlvey, J.
We think there ought to be no doubt of the correctness of the ruling of the Court below as stated in the first exception. The plaintiff himself proved that he had purchased goods of the house of the witness ; and the defendant proposed to show, by the testimony of the witness, in connection with the books of his firm, produced in Court, containing entries of sales made to the plaintiff within the time spoken of by the plaintiff in his testimony, that though the witness had no personal knowledge of the sales of the goods charged in the books, and did not himself make the entries, yet the bills…
2Cases cited3 opinions
- Insurance Companies v. WeidesSupreme Court of the United States · 1872
- Farmers' Fire Insurance v. MispelhornCourt of Appeals of Maryland · 1878
- Ragan v. GaitherCourt of Appeals of Maryland · 1841
3Cited by8 opinions
- Parker v. Middlesex Mutual Assurance Co.Massachusetts Supreme Judicial Court · 1901
- United States Fire Insurance v. MerrickCourt of Appeals of Maryland · 1937
- Fleisch v. Insurance Co. of North AmericaMissouri Court of Appeals · 1894
- Seibel v. Lebanon Mutual InsuranceSupreme Court of Pennsylvania · 1900
- Coleman v. New York Bowery Fire InsuranceSupreme Court of Pennsylvania · 1896
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