A Treatise on the Law of Fire Insurance Adapted to the Present State of the Law, English and American, Volume 1Banks & brothers, 1886 |
From inside the book
Results 1-5 of 85
Page 9
... evidence is not admissible to show that a different meaning was intended from that ordinarily accorded to the language used . In order to admit of explanatory evidence , the meaning must be doubtful , and this applies equally to evidence ...
... evidence is not admissible to show that a different meaning was intended from that ordinarily accorded to the language used . In order to admit of explanatory evidence , the meaning must be doubtful , and this applies equally to evidence ...
Page 10
... evidence of the contract , and not , in all cases , necessarily the contract itself . 1 Ins . Co. v . Mahone , 21 Wall . ( U. S. ) 152 ; Ins . Co. v . Wilkinson , 13 id . 222 ; May v . Buckeye Ins . Co. , 25 Wis 291 ; McBride v ...
... evidence of the contract , and not , in all cases , necessarily the contract itself . 1 Ins . Co. v . Mahone , 21 Wall . ( U. S. ) 152 ; Ins . Co. v . Wilkinson , 13 id . 222 ; May v . Buckeye Ins . Co. , 25 Wis 291 ; McBride v ...
Page 11
... evidence is not admissible to control or a parol contract to insure a cargo was enforced , and it was held , that ... evidence was properly admitted to show that a different contract was made , as in the absence of statutes to the ...
... evidence is not admissible to control or a parol contract to insure a cargo was enforced , and it was held , that ... evidence was properly admitted to show that a different contract was made , as in the absence of statutes to the ...
Page 14
... evidence of the legal necessity of a written contract . But the author , perhaps , had forgotten that the practice of reduc- ing insurance contracts to writing , grew up under the Statute of 25 George 3 , compelling it , and that prior ...
... evidence of the legal necessity of a written contract . But the author , perhaps , had forgotten that the practice of reduc- ing insurance contracts to writing , grew up under the Statute of 25 George 3 , compelling it , and that prior ...
Page 15
... evidence that it cannot be so made . To avoid misunderstandings in a contract of such importance and complexity , it is undoubtedly desirable that it should always be in writing ; and such is the requirement of many codes of commercial ...
... evidence that it cannot be so made . To avoid misunderstandings in a contract of such importance and complexity , it is undoubtedly desirable that it should always be in writing ; and such is the requirement of many codes of commercial ...
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Common terms and phrases
action agent agreement alienation Allen Mass amount answer ante application for insurance assignment assured avoid the policy Barb barratry Bennett's F. I. C. breach building insured camphene clause condition consent construed contract of insurance court held court of equity Cush defendant delivered destroyed doctrine effect equitable estopped Etna evidence explosion fact Franklin F fraud fraudulent Gray Mass Gunckel Hall N. Y. Hartford Holland Purchase increase the risk incumbrances indorsed insurable interest insurance company intention interest therein Iowa jury liable lien loss by fire material mill mortgage notice occupied owner paid parol parties payment Penn person plaintiff policy contained policy covered policy of insurance policy provides policy was issued possession premises prohibited property insured purpose question recover reference representation rule statement stipulation thereof tion Union Mut unless valid void waived warranty Wend words
Popular passages
Page 616 - Be it known that as well in own name as for and in the name and names of all and every other person or persons to whom the same doth, may, or shall appertain, in part or in all...
Page 711 - If the property be sold or transferred, or any change take place in title or possession, whether by legal process, or judicial decree, or voluntary transfer, or...
Page 688 - ... their own, or held by them in trust, or on commission, or on joint account with others, or sold but not delivered, contained in
Page 145 - ... subject-matter, as by the known usage of trade, or the like, acquired a peculiar sense distinct from the popular sense of the same words ; or unless the context evidently points out that they must in the particular instance, and in order to effectuate the immediate intention of the parties to that contract, be understood in some other special and peculiar sense.
Page 418 - And the said applicant hereby covenants and agrees to and with the said company, that the foregoing is a just, full, and true exposition of all the circumstances in regard to the condition, situation, value and risk of the property to be insured, so far as the same are known to the applicant, and are material to the risk.
Page 704 - And it is further provided in the policy 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...
Page 68 - ... intended for the treatment of disease or injury." The question whether he was such itinerant vendor was a question of fact, to be determined by the jury in view of all the facts and circumstances proved.
Page 418 - Interrogatories, with answers thereto, and a statement that the applicant covenants and agrees with, the company "that the foregoing is a just, full and true exposition of all the facts and circumstances in regard to the condition, situation, value and risk of the property to be insured, so far as the same are known to the applicant, and are material to the risk...
Page 245 - IT were infinite for the law to judge the causes of causes, and their impulsions one of another ; therefore it contenteth itself with the immediate cause, and judgeth of acts by that, without looking to any further degree.
Page 630 - In that case the policy provided that "if the interest in the property to be insured be a leasehold interest, or other interest not absolute, it must be so represented to the company, and expressed in the policy in writing, otherwise the insurance shall be void;" and the facts were that the assured was in possession under a parol agreement to purchase.