Supreme Court of United States.https://leagle.com/images/logo.png
Argued December 20, 21, 1886.
Decided January 31, 1887.
Attorney(s) appearing for the Case
A bill of exceptions should not contain the whole charge of the court to the jury, but should only state distinctly the several matters of law excepted to.
A bill of exceptions cannot be sustained to an instruction or to a refusal to instruct in matter of law, without showing that there was evidence to which the instruction given or refused was applicable.
The acceptance by insurers of payment of a premium, after they know that there has been a breach of a condition of the policy, is a waiver of the right to avoid the policy for that breach.
Where the declaration in an action on a policy of insurance alleges that the consideration of the contract was the payment of a certain premium at once, and of future annual premiums, and the policy given in evidence is expressed to be made "in consideration of the representations made in the application for this policy" and of the sums paid and to be paid for premiums, and the application contains no promise or agreement of the assured, there is no variance.
Mr. M.F. Dickinson, Jr., for plaintiff in error.
Mr. Robert M. Morse, Jr. (Mr. William M. Richardson was with him on the brief), for defendant in error.
Supreme Court of United States.
MR. JUSTICE GRAY delivered the opinion of the court.
This was an action brought by Sewell Raddin, and prosecuted by his administrator, upon a policy of life insurance, dated April 25, 1872, the material parts of which were as follows:
"This policy of assurance witnesseth, that the Phœnix Mutual Life Insurance Company of Hartford, Conn., in consideration of the representations made to them in the application...
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