The Insurance Law Journal, Band 7D.T. & L.H. Potter, 1878 Reports of all decisions rendered in insurance cases in the federal courts, and in the state courts of last resort. |
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Seite 8
... risk , but the company elected to continue the contract in force , retained the note , and returned the policy uncanceled . A tender of the balance due on the note was not made until after a loss had occurred , when it was refused ...
... risk , but the company elected to continue the contract in force , retained the note , and returned the policy uncanceled . A tender of the balance due on the note was not made until after a loss had occurred , when it was refused ...
Seite 12
... risk , shall be deemed fraudulent , and be an absolute avoidance . Held , that a warranty extends to every matter that it embraces , whether material or not , and must be literally true . Represen- tations are collateral to the contract ...
... risk , shall be deemed fraudulent , and be an absolute avoidance . Held , that a warranty extends to every matter that it embraces , whether material or not , and must be literally true . Represen- tations are collateral to the contract ...
Seite 54
... consideration of such payment the company agreed to carry the risk for one year . On the 5th day of June , 1867 , a like cash premium of one hundred and forty - eight dollars and ten cents was paid 54 [ Jan. , Report of Decisions .
... consideration of such payment the company agreed to carry the risk for one year . On the 5th day of June , 1867 , a like cash premium of one hundred and forty - eight dollars and ten cents was paid 54 [ Jan. , Report of Decisions .
Seite 55
... risk through another year , according to the terms of the policy . On the 5th day of June , 1868 , a further cash premium of one hun- dred and forty - eight dollars and ten cents was paid , and the interest on the two outstanding notes ...
... risk through another year , according to the terms of the policy . On the 5th day of June , 1868 , a further cash premium of one hun- dred and forty - eight dollars and ten cents was paid , and the interest on the two outstanding notes ...
Seite 57
... risk , [ shall be deemed fraudulent , and be an absolute avoidance . Held , that the warranty was qualified and restricted to facts material to the risk , and the insured was bound by his statements as representations only , not as ...
... risk , [ shall be deemed fraudulent , and be an absolute avoidance . Held , that the warranty was qualified and restricted to facts material to the risk , and the insured was bound by his statements as representations only , not as ...
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accepted action affirmed agent agreed agreement alleged amount answer appears appellant application assignment assured authority avoid benefit brought building cause charge circumstances claim clause condition consent contained continue contract court damage death decision defendant delivered determine effect entitled error evidence exception express fact fire forfeiture further give given ground hand Held instructions insurance company intended interest issued judgment jury knowledge liability loss material matter meaning ment months mortgage Mutual notice objection opinion owner paid parties payment person plaintiff policy of insurance premium present principle proofs provision question reason receipt received recover referred refused regard relation rendered risk rule statement statute stipulation sufficient suit SUPREME COURT taken testimony tion trial true unless void waive warranty witness written York
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Seite 258 - It shall be optional, however, with this company to take all, or any part, of the articles at such ascertained or appraised value, and also to repair, rebuild, or replace the property lost or damaged with other of like kind and quality...
Seite 103 - No misrepresentation made in obtaining or securing a policy of insurance on the life or lives of any person or persons, citizens of this State, shall be deemed material, or render the policy void, unless the matter misrepresented shall have actually contributed to the contingency or event on which the policy is to become due and payable, and whether it so contributed in any case, shall be a question for the jury.
Seite 420 - that the records and judicial proceedings of the Courts of any State, shall be proved or admitted in any other Court within the United States, by the attestation of the clerk, and the seal of the Court annexed, if there be a seal, together with a certificate of the' judge, chief justice, or presiding magistrate, as the case may be, that...
Seite 420 - And the said records and judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from whence the said records are or shall be taken.
Seite 534 - If the part to be performed by one party consists of several distinct and separate items, and the price to be paid by the other is apportioned to each Item to be performed, or is left to be implied by law, such a contract will generally be held to be severable...
Seite 772 - The judgment of the superior court is reversed, and the cause remanded for a new trial in conformity to this opinion.
Seite 488 - ... shall be taken and held to be as valid as if served upon the company, according to the laws of this or any other State...
Seite 691 - That if a suit be commenced in any state court against an alien, or by a citizen of the State in which the suit is brought against a citizen of another State...
Seite 205 - The doctrine has no place for application when the statement relates to rights depending upon contracts yet to be made, to which the person complaining is to be a party. He has it in his power in such cases to guard in advance against any consequences of a subsequent change of intention by the person with whom he is dealing.
Seite 450 - Pursuant to that stipulation the parties went to trial, and the verdict and judgment were for the plaintiffs in the sum of thirty-seven hundred and thirty dollars damages, with costs of suit.