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action affirmed agent agreed agreement alleged amount annual premium answer appear appellant appellee application assessment assignment assumpsit assured authority averment Bep'd Jour'l bill cash cause cent charge Circuit Court claim clause complainant condition contract corporation court of equity creditors death decision declaration defendant demurrer effect entitled equity estopped estoppel evidence fact filed fire forfeiture fraud fraudulent garnishee given Held home office instruction insurable interest insurance company interest issued John Hogan judgment jury liable ment mium mortgage Mutual nonsuit notice opinion paid pany parties Patrick Hogan payable payment Peoria Marine person plaintiff in error policy of insurance premium note proofs of loss property insured question reason receipt received recover refused reinsurance rendered risk rule scrofula statement statute stipulation suit Supreme Court sustained testimony thereof tion trial Union Mut unpaid verdict void waived waiver warranty
Side 201 - ... entitled to all the rights and privileges, and subject to all the liabilities to which the original insured was entitled and subjected under this act.
Side 50 - This policy is issued and accepted by the assured upon the following express conditions and agreements," namely, among Opinion of the Court. others, that " if any of the declarations or statements made in the application for this policy, upon the faith of which this policy is issued, shall be found in any respect untrue, this policy shall be null and void.
Side 101 - It will not do for a man to enter Into a contract and, when called upon to respond to Its obligations, to say that he did not read It when he signed It, or did not know what It contained.
Side 282 - That where the risk has not been run, whether its not having been run was owing to the fault, pleasure, or will of the insured or to any other cause, the premium shall be returned, because a policy of insurance is a contract of indemnity.
Side 656 - A written bargain is of no higher legal degree than a parol one. Either may vary or discharge the other; and there can be no more force in an agreement in writing not to agree by parol than in a parol agreement .not to agree in writing. Every such agreement is ended by the new one which contradicts it.
Side 270 - Equity regards the property of a corporation as held in trust for the payment of the debts of the corporation, and recognizes the right of creditors to pursue it...
Side 295 - The rule to be collected from the cases seems to be this, that where a party stipulates to do a certain thing in a certain specific event which may become known to him, or with which he can make himself acquainted, he is not entitled to any notice, unless he stipulates for it; but when it is to do a thing which lies within the peculiar knowledge of the opposite party, then notice ought to be given him.
Side 863 - Where the parties, in their contract, fix on a certain mode by which the amount to be paid shall be ascertained, as in the present case, the party that seeks an enforcement of the agreement must show that he has done everything on his part which could be done to carry it into effect.
Side 41 - Ohio may think fit to impose; and these conditions must be deemed valid and effectual by other states, and by this court, provided they are not repugnant to the constitution or laws of the United States, or inconsistent with those rules of public law which secure the jurisdiction and authority of each state from encroachment by all others, or that principle of natural justice which forbids condemnation without opportunity for defense.