Reports of cases adjudged in the Court of Error and Appeal Volume 1

by Anonymous

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1885 edition. ...improperly rejected an affidavit made by the respondent, for the purpose of shewing his loss, and which the appellants ofiered in evidence in order to prove by it that the respondent had ' on oath affirmed £600 to be the whole value of the property insured, thereby in effect admitted that he had contravened the by-law on which the validity of his insurance depends; and which provides that no risk shall be taken of more than two-thirds the value of the property insured. The appellants in the argument relied on all these exceptions, which were largely discussed on both sides; but it is to no purpose for the court to consider them, until an opinion has been_first formed on the main ground, which denies that there is any equity on the face of the respondent's bill; for if it be clear that the respondent should have been left to his remedy at law on the policy, that inevitably makes an end of the case here. Considering the nature of the policy, and of the risk insured against, it is an unfortunate and rather singular course which the appellants have pursued in declaring an option to re-build rather than to pay the sum insured. They have made it a regulation that they will not insure upon more than two-thirds of the value of any building; and it would seem rather inconsistent with that condition, that they should find it for their interest to rebuild when there has been a total loss. In case of partial damage only, it might be otherwise. This being a wooden building, partly on a foundation of wood, and very liable to decay, and the appellants being bound by the very terms of the policy to pay only the loss actually sustained (not exceeding £550) and not the loss according to the respondent's estimation of it, they could...

156 pages, Paperback

Published September 13, 2013

About the author

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See also: Anonymous