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The Federal Reporter (Volume 7); With Key-Number Annotations

The Federal Reporter (Volume 7); With Key-Number Annotations


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About the Book

This historic book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1881. Not illustrated. Excerpt: ... law to the evidence, and I now leave the questions of fact presented in the issues submitted for your determination. The jury returned a verdict in favor of the plaintiff.' Miller V. Alliance Ins. Co. Of Boston. (Circuit Court, S. D. New York. June 4, 1881.) 1. Insurance--Overvaluation. A policy of insurance is not avoided by an overvalution, in accordance with the terms of the instrument, where such valuation was made in good faith, and only assumed to make a true representation of the facts so far as they were known to the applicant. 2. Same--Title Of Assured--Insurable Interest. A policy of insurance provided that if the interest of the assured in the property be any other than the entire, unconditional, and sole ownership of the property, for the use and benefit of the assured, or if the building stood on leased ground, it must be so represented and expressed in the written part of the policy, or the same would be void. Held, that so long as the assured, under claim of right, had the exclusive use and enjoyment of the insured property, without any assertion of an adverse right or interest in it by any other person, he had an insurable interest under the condition of the policy. 3. Same--Proof Of Loss. Defects in the proofs of loss, by reason of the absence of the builder's certificate and that of the nearest notary or magistrate, is immaterial where the insurers have repudiated all liability under the policy upon other grounds.--[ed. N. B. Hoxie, for plaintiff. Geo. W. Parsons, for defendant. Motion for New Trial. Wallace, D. J. So far as the defendant's motion for a new trial rests upon the ground that the verdict for the plaintiff was contrary to the evidence, it may be briefly disposed of. There was a decided preponderance of testimony in favor o...


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Product Details
  • ISBN-13: 9781154347005
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 348
  • Spine Width: 18 mm
  • Width: 189 mm
  • ISBN-10: 1154347001
  • Publisher Date: 07 Jan 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 621 gr


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The Federal Reporter (Volume 7); With Key-Number Annotations
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