 | Law - 1878 - 560 pages
...145.) Ib. FIRE INSURANCE. 1, 6'onstruc tion of policy containing contradictory proposition. — When a policy of insurance contains contradictory provisions,...lean against that construction which imposes upon the assured the obligations of a warranty. Judgment of Circuit Court, WD Missouri, reversed, first National... | |
 | United States. Supreme Court - Law reports, digests, etc - 1878 - 858 pages
...either of these constructions, we rest the conclusion already indicated upon the broad ground that when a policy of insurance .contains contradictory provisions,...lean against that construction which imposes upon the assured the obligations of a warranty. The company cannot justfy complain of such a rule. Its attorneys,... | |
 | Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frderick C. Seibold - Law reports, digests, etc - 1879 - 768 pages
...either of these constructions, we rest the conclusion already indicated upon the broad ground, that when a policy of insurance contains contradictory provisions,...any binding contract, the court should lean against the construction which imposes upon the insured the obligations of a warranty. The company cannot justly... | |
 | Law - 1879 - 924 pages
...contained in application for insurance — -Effect, when not true, on insurance. — 1. That, when a policy of insurance contains contradictory provisions,...whether the parties intended the exact truth of the appellant's statements to be a condition precedent to any binding contract, the court should lean against... | |
 | Law reports, digests, etc - 1905 - 1104 pages
...subject to the examination of the physician of the insuring company, and it may well be said that it was "doubtful whether the parties intended the exact truth...be a condition precedent to any binding contract." In such case, the court should properly lean against that construction which imposes upon the insured... | |
 | William Barber - Insurance law - 1882 - 456 pages
...breach of warranty, precluding a recovery on the policy. On appeal, the Supreme Court held, that when a policy of insurance contains contradictory provisions,...intended the exact truth of the applicant's statements to he a condition precedent to any binding contract, the Court should lean against that construction which... | |
 | Law reports, digests, etc - 1891 - 1170 pages
...of the policy. It said : " We rest the conclusion already indicated upon the broad ground that when a policy of insurance contains contradictory provisions,...lean against that construction which imposes upon the assured the obligations of a warranty." If there was no such warranty as is claimed by the appellant,... | |
 | United States. Supreme Court - Law reports, digests, etc - 1884 - 888 pages
...happen to be in the series some which ought to have been given. The principle reaffirmed, that when a policy of insurance contains contradictory provisions,...rendering it doubtful whether the parties intended the exaot truth of the applicant's statements to be a condition precedent to any binding contract, the... | |
 | Law - 1884 - 1022 pages
...happens to be in tbe series some which ought to have been given; 3. The principle reaffirmed, that when a policy of insurance contains contradictory provisions,...room for construction, rendering it doubtful whether tbe parties intended the exact truth of the applicant's statements to be a condition precedent to any... | |
 | United States. Supreme Court - Law reports, digests, etc - 1884 - 732 pages
...CONSTRUCTION. The principle reaffirmed, that when a policy of insurance contains contradictory § revisions, or has been so framed as to leave room for construction, rendering it oubtful whether the parties intended the exact truth of the applicant's statements to be a condition... | |
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But, without adopting either of these constructions, we rest the conclusion already indicated upon the broad ground that when a policy of insurance contains contradictory provisions, or has been so framed as to leave room for construction, rendering it... 
