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his right to retire, and that he need not make | rest, on habeas corpus.-State v. Polacheck
statement.--State v. Trauger (Iowa) 336. (Wis.) 708.
See "Food." See, also, “Principal and Surety."
HEARSAY. 8 1. Requisites and validity.
The surrender of a guaranty securing exist- | In civil actions, see “Evidence,” 8 9. ing loans held a consideration for a new guaranty covering the same and future loans.
HEIRS. Home Sav. Bank v. Hosie (Mich.) 625.
Extension of time to principal debtor held See “Descent and Distribution.” sufficient consideration to support guaranty by stranger.-Faulkner v. Gilbert (Neb.) 1072.
HIGHWAYS. $ 2. Construction and operation.
Accidents at railroad crossings, see "Railroads," A contract of guaranty held to be a continuing
$ 1. one, not affected by the death of a co-obligor. -Home Sav. Bank v. Hosie (Mich.) 625.
§ 1. Establishment, alteration, and disOne who purchased a note in ignorance of a
continuance. general guaranty of payment is not deprived
A road between two townships used and jointof its benefit merely because of such ignorance.s maintained for 10 years, and considered by --Tidioute Sav. Bank v. Libbey (Wis.) 182; both as a town-line road, must be so considered. First Nat. Bank v. Same, Id.
-Bigelow v. Brooks (Mich.) 810. A guaranty held general, and not special, so
A town-line road between two townships, used as to inure to the benefit of an assignee of the and recognized as such for 10 years, cannot be guarantee.--Tidioute Sav. Bank v. Libbey (Wis.) discontinued except by the act of both towns.182; First Nat. Bank v. Same, Id.
Bigelow v. Brooks (Mich.) 810. 3. Discharge of guarantor.
Verdict as to amount of damages sustained A payee of a note secured by a chattel mort evidence. - Anderson v. Board of Sup'rs of
in laying out a highway held justified by the gage is not bound to protect guarantors from Town of Decoria (Minn.) 229. loss by resorting to the mortgaged property, which never was placed in his custody.-Bland
Evidence held to show that an owner of a ing v. Wilsey (Iowa) 508.
farm over which a highway was laid out had, Facts held to show such failure to enforce le- by appearance, waived failure to serve notice
of hearing.-Anderson v. Board of Sup’rs of gal remedies against maker of note as to release guarantors.-Getty v. Schantz (Wis.) 191. Town of Decoria (Minn.) 229.
$$ 2, 3. Taxes, assessments, and work on GUARDIAN AND WARD.
highways. County officers held liable to repay money
fraudulently paid out in anticipation of an inProceedings for appointment of guardian for in
junction. Webster v. Douglas County (Wis.) competent person, see “Spendthrifts.”
885. § 1. Sales and conveyances under order Rev. St. 1878, 8 1308, limits expenditures for of court.
roads to $8,000 per year, which amount must A guardian selling the ward's right to enter have been first raised by taxation.-Webster v. a soldier's additional homestead, given by Rev. Douglas County (Wis.) 885. St. U. S. $ 2306, may insert in the assignment a power of attorney to make the entry, leaving work held to permit only the making of neces
A modification of an injunction against road the name of the attorney blank.-Pardoe v.
sary repairs in order to make roads safe for Merritt (Minn.) 552.
travel.-Webster v. Douglas County (Wis.) 885. The right to enter a soldier's additional homestead, given by Rev. St. U. S. § 2306, is per- 8 4. Regulation and use for travel. sonal property, and hence may be sold by a
A defect having existed from original preparageneral statutory guardian without an order tion of highway for public use, the town was of court appointing him.-Pardoe v. Merritt bound to know thereof.-Boltz v. Town of Sul(Minn.) 552.
livan (Wis.) 870.
Accidental deviation from traveled way, caus
ing wheel to run outside track for a few inches, HABEAS CORPUS.
and reach an obstruction, does not excuse the § 1. Jurisdiction, proceedings, and re- municipality.--Boltz v. Town of Sullivan (Wis.)
870. lief. Under Rev. Codes. $ 8651, as amended by Where town officers knew, or with due diliSess. Laws 1897, c. 85, a petitioner for habeas gence could have known, of defect near traveled corpus, who has been remanded, can apply to track, the town is liable to traveler injured while the supreme court for the writ.-Carruth v. exercising due care.-Boltz v. Town of Sullivan Taylor (N. D.) 617.
(Wis.) 870. Good practice requires that the state should A defect not being so far outside the traveled be made a party in entitling the papers.-Car- track that traveler would have to leave the ruth v. Taylor (N. D.) 617.
track to reach it, it was not, as a matter of Procedure under the habeas corpus act is not law; too far to render highway actionably degoverned by that regulating special proceedings fective.--Boltz v. Town of Sullivan (Wis.) 870. enumerated under Code Civ. Proc. c. 39.-Car- Special findings held not so inconsistent as to ruth v. Taylor (N. D.) 617.
justify court in returning verdiet to jury.The circuit court cannot review a decision of Stricker v. Town of Reedsburg (Wis.) 897. the municipal court having jurisdiction, over- Evidence as to where fences along highway ruling a legislator's plea of privilege from ar- by user would come, if continued to point in con
troversy, held inadmissible to show boundaries.--18 4. Trial. Stricker v. Town of Reedsburg (Wis.) 897.
Under Code 1873, § 4559, an instruction that There can be no recovery for injuries caused a conviction cannot be had on the testimony of by stump beside highway, where plaintiff, with an accomplice "only" or "alone," unless corrobout any necessity for so doing, was driving in anated, is not erroneous.—State v. Smith (Iowa) temporary track outside highway.-Stricker v. Town of Reedsburg (Wis.) 897.
See “Street Railroads."
HUSBAND AND WIFE.
See, also, “Divorce"; "Marriage.”
Rights of survivor, see “Descent and Distribu§ 1. Nature, acquisition, and extent. tion," § 1; "Homestead," $ 2.
A grantee of land, subject to a life reservation of use and rents, acquires no homestead 8 1. Conveyances and contracts to conright as against a subsequent creditor by occu
vey pancy by sufferance of the life tenant.-Therme
Evidence held to show that a husband acted v. Bethenoid (Iowa) 497.
as his wife's agent in selling land to which she The liability a surety held a debt within had the record title.—Hirsch v. Schlenker is.
D.) 106. Code, $ 2985, exempting a homestead from certain debts. Merchants Nat. Bank v. Eyre 8 2. Wife's separate estate. (Iowa) 498.
That notes transferred by wife as her sepEvidence held to sustain a finding that tract arate property in payment of land had been of land claimed as homestead is urban in its made payable to her husband for convenience character, and within platted portion of city. - will not give husband's creditor a claim against Mead v. Marsh (Minn.) 138.
land.-King v. Wells (Iowa) 338. Where a debt is for materials furnished in
Where a wife paid for property largely with erecting a building on a homestead, the cred- her own labor, the fact that the husband conitor can, under ordinary money judgment, sell tributed his labor towards purchase will not the property on execution.-Nickerson v. Craw- give his subsequent creditors a claim against ford (Minn.) 292.
property.-King v. Wells (Iowa) 338. An executory contract for the sale of real es
Where real estate of married woman was sold tate may be enforced as security for payment of on execution, and there was no redemption, and the price, though not signed by the wife of the she died, leaving a husband, the third interest purchaser, and the property was bought for, descended to the husband subject to the parand immediately occupied as, a homestead. ment of such debts of the wife as were not paid Jackson v. Phillips (Neb.) 683.
from the personal estate as provided by Gen.
St. 1894, § 4471,-Dayton's Estate v. Johnson § 2. Rights of surviving husband, wife, (Minn.) 421.
children, or heirs. Gen. St. 1894. & 4470, relating to descent of finding that wife's signature was obtained by
In action to foreclose homestead mortgage, homesteads, refers only to cases where testa
fraud of her husband, and that agent of plaintor leaves a surviving spouse at the time of his or her death.- Penstock v. Hewitt's Estate tiff mortgagee was, a party thereto, held un(Minn.) 420.
supported by the evidence. First Nat. Bank of
Brainerd v. Flynn (Minn.) 961. Where testator had a statutory homestead, and his surviving wife, for whom his will pro- husband, and to prevent the creditor from en
A pledge by a wife to secure a debt of the vided, lived for two years after the six months forcing immediate payment, will not, of itself, fixed in Gen. St. 1894, 8 4472, for the widow to entitle the creditor to hold the property as seelect, without exercising her option. the surviving children have no interest in homestead curity for further advances.-First Nat. Bank devised to another.-In re Jones' Estate (Minn.) v. Goodman (Neb.) 756. 551; Jones v. Jones, Id.
A widow does not become personally liable on
note of her deceased husband by making vol$ 3. Forfeiture.
Penrod A wife's right to a homestead is not defeated (Neb.) 1085.
untary partial payment.-Fellers v. by the husband's abandoning her.-Morrill v. Skinner (Neb.) 375.
It is no defense to a prosecution for nonsup8 4. Protection and enforcement
port of a wife that the husband left her to rights. When a homestead is sold to satisfy a mort. his father's home on the latter's death.-Peo
serve his father, hoping to thereby succeed to gage, the owner may have the amount of the ple v. Malsch (Mich.) 638. exemption set off to him from the surplus, as to liens against which he might assert the ex
1 How. Ann. St. & 1985, held not to require emption.-Morrill v. Skinner (Neb.) 375.
a complaint for nonsupport of a wife to allege that she became a public burden.—People v.
Malsch (Mich.) 638. HOMICIDE. 8 1. Assault with intent to kill.
ILLEGITIMATE CHILDREN. "Malice" means any willful or corrupt intention of mind.-McVey v. State (Neb.) 1111. See “Bastards." $ 2. Indictment and information.
Information held to charge both an assault and IMPAIRING OBLIGATION OF CONshooting to have been done with a pistol loaded
TRACT. as described.-McVey v. State (Neb.) 1111. 8 3. Evidence.
See "Constitutional Law," $ 5. On an issue whether accused was concerned in a prior attempt to murder deceased, evidence
IMPANELING JURY. that she expected an accident to happen to him held proper.-State v. Smith (Iowa) 499.
See "Jury," $ 4.
§ 1. Subjects of protection and relief.
An injunction will lie to restrain a combinaSee "Execution," $ 7; "False Imprisonment." țion of persons from boycotting complainant's Habeas corpus, see “Habeas Corpus."
business.-Beck v. Railway Teamsters' Protec
tive Union (Mich.) 13. IMPROVEMENTS.
A decree restraining a boycott by violent
means, but permitting the use of peaceable Allowance or recovery of compensation, see means, held erroneous, since both should have "Ejectment," § 4.
been restrained.-Beck v. Railway Teamsters' Liens, see "Mechanics' Liens."
Protective Union (Mich.) 13.
The publication of a libel will be restrained INCORPORATION.
by injunction, where its circulation will result
in irreparable injury to proprietary rights.See "Municipal Corporations,” § 1.
Railway Teamsters' Protective Union
(Mich.) 13. INDEMNITY.
An injunction will lie to restrain the circu
lation of boycotting circulars, and to prevent See “Principal and Surety."
the interception of the complainants' customers
by picketing, though both are peaceably done. INDICTMENT AND INFORMATION.
-Beck V. Railway Teamsters' Protective
Union (Mich.) 13.
Where land on which license had been granted
to cut timber was sold under the mistaken beSee “Burglary," $ 1; “Larceny," $ 1.
lief that the timber had been removed, and the § 1. Formal requisites of indictment. purchase was not bona fide, licensee held entitled The term
"junior" is not part of a name, and to an injunction restraining an action of trespass hence its omission from a name in an indict- by the purchaser against him.-Oconto Co. v. ment is not a variance.-State v. Dankwardt Lundquist (Mich.) 950. (Iowa) 495.
Grantee in deed containing reservation of right Facts held to justify court's refusal to in- of way held entitled to injunction restraining dorse witness' name on an information during railroad from fencing in more land than actually the trial.- People v. Williams (Mich.) 248. occupied.-Heinzman v. Winona & St. P. Ry. Under 2 How. Ann. St. & 9549, an indorse
Co. (Minn.) 956. ment of witnesses' names on an information Injunction will not be granted to restrain prosseven days before trial is in time, accused not ecution of forcible detainer because district court then objecting.-People v. Williams (Mich.) might proceed by writ of assistance.-Green v. 248.
Morse (Neb.) 925. § 2. Requisites and sufficiency of acou
An injunction held to lie against county officers sation.
to prevent unauthorized road work and payment Indictment held not to inform accused of the of illegal warrants therefor.-Webster v. Dougnature and cause of his accusation, as pro- las County (Wis.) 885. vided by the constitution.--State v. Nelson & 2. Actions for injunotions. (Minn.) 223.
District judge at chambers cannot finally de$ 3. Issues, proof, and variance.
termine action for injunction.-Johnson v. BouRev. St. $ 4703, authorizes the amendment ton (Neb.) 57. of an information for larceny of timber from a District judge cannot enter order out of term certain company's land to conform to proof dismissing a cause.-Johnson v. Bouton (Neb.) that it was taken from another company's 57. land. Golonbieski v. State (Wis.) 189.
Taxpayers held not guilty of laches in suing to
enjoin future illegal road work and payment of INDORSEMENT.
money for it, though contracts had been made.
- Webster v. Douglas County (Wis.) 885. or bill of exchange or promissory note, see $ 3. Violation and punishment. "Bills and Notes," $ 4.
Illegal and irregular road work, done in dis
obedience of an injunction, cannot be in good INFANTS.
faith, nor can it be cured by ratification or es
toppel.--Webster v. Douglas County (Wis.) 885. See, also, "Adoption"; "Guardian and Ward";
County officers who disobeyed and evaded an "Parent and Child."
injunction against doing road work, illegally payCustody and support on divorce of parents, see ing out money therefor, as well as contractors “Divorce," $ 5.
who received such money, are liable for its ref 1. Actions.
payment to the county.-Webster v. Douglas A minor may be brought into an action as an
County (Wis.) 885. additional party defendant by the service of $ 4. Liabilities on bonds or undertakan order reciting the summons, as provided by
ings. Gen. St. 1894, 8 5178.-Markell v. Řay (Minn.) Action on temporary injunction bond will 788.
not lie until adjudication of injunction cause on INFERIOR COURTS.
the merits.—Johnson v. Bouton (Neb.) 57.
In action on injunction bond, held error to See "Courts," $ 4.
submit evidence of expenses on unsuccessful
attempt to dissolve injunction.-Pollock v. INHERITANCE.
Whipple (Neb.) 355. See "Descent and Distribution."
Estoppel, see "Estoppel," § 1.
INSOLVENCY. Violation of liquor laws, see “Intoxicating Liq. See, also, “Assignments for Benefit of Creduors," $ 5.
Of bank, see “Banks and Banking," $ 1. its behalf.-Gore v. Canada Life Assur. Co. Of corporation, see "Corporations," $ 5.
(Mich.) 650. Of fraudulent grantor, see "Fraudulent Con
Whether an agent for an insurance company veyances," $ 1.
is entitled to commission only when he presents § 1. Proceedings for declaration of in- an acceptable application depends on his consolvency.
tract with the company.-Gore v. Canada Life In proceedings under Laws 1897, c. 334, costs Assur. Co. (Mich.) 650. incurred after conveyance complained of can- $ 4. The contract in general. not be included to confer jurisdiction.--Wood
Policy issued by a mutual insurance company ard & Stone Co. v. Milnes (Wis.) 163.
to one not a member held in violation of Code In proceedings under Laws 1897, c. 334, costs 1873, § 1160, and therefore void.-In re Mutual incurred prior to conveyance complained of may Guaranty Fire Ins. Co. (Iowa). 868; Alvord v. he included to confer jurisdiction.-Woodard & Barker, Id. Stone Co. v. Milnes (Wis.) 163.
A mutual insurance company, insuring property § 2. Assignment, administration, and of one not a member for a specific premium, in
distribution of insolvent's estate. violation of Code 1873, $ 1160, held not estopped A debtor may prefer creditors.-Blair State from pleading ultra vires as a defense to an acBank v. Stewart (Web.) 370.
tion on the policy.-In re Mutual Guaranty Fire
Ins. Co. (Iowa) 868; Alvord v. Barker, Id. One asserting preference against insolvent estate must show that the estate has been in
Evidence held not to establish a contract of creased by misappropriation of trust funds be- insurance.-Taylor v. State Ins. Co. (Iowa) 1032. longing to him.-Morrison v: Lincoln Savings § 5. Premiums, dues, and assessments. Bank & Safe-Deposit Co. (Neb.) 655.
Where policy holder in mutual insurance com
pany contracts to pay a sum by installments INSTRUCTIONS.
on assessments made by directors, the statute
does not begin to run until an assessment is In civil actions, see “Trial," $ 5.
made.-Langworthy v. Garding (Jinn.) 207. In criminal prosecutions, see "Oriminal Law," $ 6. Cancellation, surrender, abandon8 6; "Homicide," $ 4.
ment, or rescission of policy.
A party does not lose his right to rescind for INSURANCE.
fraud because the contract has been partly per
formed and the parties cannot be placed in statu § 1. Control and regulation in general. quo.--McCarty v New York Life Ins. Co.
A foreign accident insurance company must (Minn.) 426. pay the annual license fee imposed by Rev. St. Whether insured lost his right of rescission 1878, $ 1220, in addition to the fee of 2 per by negligence and delay in not sooner discorercent. on its income, imposed by Laws 1880, c. ing fraudulent representations of the agent, 105.-State v. Fricke (Wis.) 732.
held for the jury.-McCarty v. New York Life Mandamus will not lie to compel ingurance Ins. Co. (Minn.) 426. commissioner to issue a license to a foreign ac- The fact that insured was negligent in rely. cident insurance company, which has failed to ing on fraudulent representations of the agent pay annual license fees for previous years, held no defense to an action for rescission.though limitations would preclude a recovery McCarty v. New York Life Ins. Co. (Jinn.) thereof.-State v. Fricke (Wis.) 732.
426. A plate-glass insurance company transacts the Question whether an agent made false repbusiness of “accidental insurance," within Rev. resentations held for the jury.-McCarty v. New St. 1878, c. 1220, requiring such a company to York Life Ins. Co. (Minn.) 426. pay an annual fee.--State v. Fricke (Wis.) 734.
Fraudulent representations of an agent hdd § 2. Insurance companies.
ground for rescission, though the policy providMembers of mutual insurance company held ed that no statements made by him should bind not liable as partners on a policy issued by its of the company.-McCarty v. New York Life Ins. ficers to one not a member, in violation of Code Co. (Minn.) 426. 1873, § 1160.-In re Mutual Guaranty Fire Ins. Co. (Iowa) 868; Alvord v. Barker, Id.
8 7. Avoidance of policy for misrepre
sentation, fraud, or breach of One insuring his property in a mutual com
warranty or condition. pany in a stated amount, and for a specific pre- A condition requiring insured to state if his mium, does not thereby become a member.-In interest in premises is less than absolute, held re Mutual Guaranty Fire Ins. Co. (Iowa) 868; not violated, the naked legal title only being Alvord v. Barker, Id.
outstanding.-McCoy v. Iowa State Ins. Co. Creation of a guaranty fund, consisting of (Iowa) 529. shares issued to subscribers by a mutual insur- An answer in an application that a bar owned ance company, does not make it a stock com- by the applicant was tended by applicant's clerk pany.-In re Mutual Guaranty Fire Ins. Co. exclusively is untrue, if applicant occasionally (Iowa) 868; Alvord v. Barker, Id.
went behind the bar to temporarily wait on cusAssessment in another state on winding up tomers.-Malicki v.. Chicago Guaranty Fund domestic mutual insurance corporation, until Life Soc. (Mich.) 690. set aside, held conclusive evidence of such an An answer in an application held to mean assessment in the state.-Langworthy v. Gar- that insured did not drink any spirituous liqding (Minn.) 207.
uors.-Malicki v. Chicago Guaranty Fund Life $ 3. Insurance agents and brokers.
Soc. (Mich.) 690. A manager of the Michigan branch of a A warranty of insured that the property was Canadian life insurance company held not pre- incumbered for $350, held a material concealsumptively authorized to bind the company by ment, it being mortgaged for $500,--Niles . appointing agents and making contracts with Farmers' Mut. Fire Ins. Co. of Grand Trarerse, them in its behalf.-Gore v. Canada Life Assur. Antrim, and Leleenau Counties (Mich.) 933. Co. (Mich.) 650.
In action on life insurance policy, hdd error An inspector or superintendent of agencies for to rule that a fraternal association issuing cera life insurance company is not presumed to tificates entitling beneficiary to receive money have authority to bind the company by appoint- on death of member was not an association, ing agents and making contracts with them on within the meaning of question in application
as to whether life association had refused poli- cept in a certain manner prevents the waiver of cy to applicant.-Bruce v. Connecticut Mut. the sufficiency of proofs of loss in any other Life Ins. Co. (Minn.) 210.
manner, where the record does not show that the In action on life policy, held error to reject policy contains any stipulations as to the form evidence tending to show that applicant had
or contents of proofs of loss.-Pringle v. Des sought opinion of medical examiner of benefit Moines Ins. Co. (Iowa) 521. association as to whether he was insura ble.- Refusal of insured to submit to an Bruce v. Connecticut Mut. Life Ins. Co. (Minn.) amination under oath and defects in proofs of 210.
loss, held waived by negotiations. for a settleRights of mortgagee under insurance policy ment.-Wicking v. Citizens' Mut. Fire Ins. Co. held not affected by alleged misrepresentations (Mich.) 275. of mortgagor as to title.-Liverpool & London
Evidence held to establish a waiver of condi& Globe Ins. Co. v. Davis (Neb.) 66.
tions contained in the policy.--Cronin v. Fire 8 8. Forfeiture of policy for breach of Ass'n of Philadelphia (Mich.) 648.
promissory warranty, covenant, Insurer held estopped by its conduct to claim
forfeiture as against mortgagee.-Granger v. Contract for sale of lands held not sufficient Manchester Fire Assur. Co. (Mich.) 093. change of title or ownership to avoid policy.
The defense of forfeiture on account of a Pringle v. Des Moines Ins. Co. (Iowa) 521.
breach of the conditions in a policy may be That exposures added to a transferred risk waived.-First Baptist Church of Jackson v. were the same, substantially, as those of the Citizens' Mut. Fire Ins. Co. (Mich.) 702. original risk, held immaterial.-McCoy v. Iowa State Ins. Co. (Iowa) 529.
That premises were vacant when insured, to
knowledge of agent, is a waiver of provision Issuance of a policy after a loss, suit on it, against vacancy.-German Ins. Co. v. Frederick and compromise, held not to estop insured to de- (Neb.) 1106. ny existence of the contract in an action on another policy forbidding other insurance.-Taylor that an agent's knowledge of the construction
Under terms of standard fire policy, held v. State Ins. Co. (Iowa) 1032.
of a building avoiding the policy by the exInsurance policy construed, and held that, on press terms thereof, and failure to object, is failure of insured to pay his premium note at not a waiver of the condition of forfeiture.maturity, the policy was forfeited, unless such Straker v. Phænix Ins. Co. of Brooklyn, N. Y. ground of forfeiture was waived.- Ranholzer v. (Wis.) 752. New York Life Ins. Co. (Minn.) 295.
§ 10. Risks and causes of loss. Evidence held to show that, notice prior to Where evidence conclusively shows that intime when annual premium was due having been juries were not received by insured while degiven, the insurer was not required to give any fending herself from assaults of burglars, other notice. --Banholzer v. New York Life thieves, or pickpockets, as provided by an acIns. Co. (Minn.) 295.
cident policy, but were intiicted for the purEvidence held insufficient to show waiver of pose of accomplishing her death, the insurforfeiture of policy for nonpayment of premi- ance company is not liable.-Ging v. Travelers' ums.--Banholzer v. New York Life Ins. Co. Ins. Co. (Minn.) 291. (Minn.) 295.
$ 11. Notice and proof of loss. Contract for life insurance construed accord- Proofs of loss are not objectionable, as failing to the law of New York, where it was is- ing to show that insured was the sole owner of sued, and held that the premium notice required the property at the time of the fire, because by the statute of that state did not apply to they use the present tense. --Wicking v. Citinotes given in payment of premiums.-Banhol- zens' Mut. Fire Ins. Co. (Mich.) 275. zer v. New York Life Ins. Co. (Minn.) 295.
Where insurer's agents knew the location of Health certificate prepared and furnished on a fire, it is immaterial that the proofs of loss default in payment of life insurance policy held did not locate it in detail.-Wicking v. Citizens' to include only the time during delinquency.-- Mut. Fire Ins. Co. (Mich.) 275. Reilly v. Chicago Guaranty Fund Life Soc.
Proofs of loss sent in an envelope addressed (Minn.) 982.
to the insurer need not bear a formal address Under the terms of a standard fire insurance to it, or state accurately the addresses of the policy, held, the subsequent erection of a build other insurers.-Wicking v. Citizens' Mut. Fire ing next to that insured forfeits the policy Ins. Co. (Mich.) 275. if known to insured, though he did not own or $ 12. Adjustment of loss. have control over it, nor the land on which it was situated.-Straker v. Phænix Ins. Co. of several companies jointly, held to be under the
A submission to arbitration, though made by Brooklyn, N. Y. (Wis.) 752.
policies, and not at common law.--Wicking v. A continuing warranty that there is no ex- Citizens' Mut. Fire Ins. Co. (Mich.) 275. posure within a certain distance held equivalent to an express stipulation that the nonexposure 13. Right to proceeds. was material to the risk, and should continue
A policy of life insurance is to be construed during the life of the policy.-Straker v. Phoe- as of the date of its execution, to determine nix Ins. Co. of Brooklyn, N. Y. (Wis.) 752.
who are the beneficiaries, though the amount
was reduced after some of them were dead.The provision of a standard fire insurance pol- Voss v. Connecticut Mut. Life Ins. Co. (Mich.) icy that it should be void “if the hazard be 697. increased by any means within the control or knowledge of the assured,” refers to subsequent insured, for the children, vests a defeasible in
A policy for a wife, or, if she did not survive conditions, and not to conditions existing when terest in them, which may descend to grandit was issued.-Straker v. Phønix Ins. Co. of Chillren.-Voss v. Connecticut Mut. Life Ins. Brooklyn, N. Y. (Wis.) 752.
('0. (Mich.) 697. 8 9. Estoppel, waiver, agreements affecting right to avoid or for
$ 14. Payment or discharge, contribufeit policy.
tion, and subrogation. Correspondence between assured and insurer negligence of a railroad, the insured cannot re
Where insured property is destroyed by the held a waiver of technical proof of loss.-Prin- lease the right of action which the insurer would gle v. Des Moines Ins. Co. (Iowa) 521.
have against the railroad, on making payment The court cannot hold that a provision of a of the loss, withcut releasing the insurer.-Sims policy that no stipulation can be changed ex- v. Mutual Fire Ins. Co. (Wis.) 908,