Hosford v. Hartford Fire Insurance

Supreme Court

Hosford v. Hartford Fire Insurance

127 U.S. 404, 8 S. Ct. 1202, 32 L. Ed. 198, 1888 U.S. LEXIS 2003

CourtSupreme Court of the United States

DecidedMay 14, 1888

Docket264

StatusPublished

Cited by8 cases

This text of 127 U.S. 404 (Hosford v. Hartford Fire Insurance) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hosford v. Hartford Fire Insurance, 127 U.S. 404, 8 S. Ct. 1202, 32 L. Ed. 198, 1888 U.S. LEXIS 2003 (1888).

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Opinion

Mr. Justice Gray,

after stating the case as above reported, delivered the opinion of the court.

In this case, I am instructed by the majority of the court to announce its opinion that the warranty concerning incumbrances includes only incumbrances created by the act or with íhe consent of the assured, and not those created by the law; and therefore the policy was not avoided by the omission to disclose the fact that “ delinquent taxes ” on the premises for previous years were due and unpaid, although by the statutes of Nebraska taxes are made a lien on the real estate taxed.

Judgment reversed, and case remanded to the Circuit Cov/rt, with directions to render judgment for the plaintiffs upon the special verdict.

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Mr. Justice Gray,

after stating the case as above reported, delivered the opinion of the court.

In this case, I am instructed by the majority of the court to announce its opinion that the warranty concerning incumbrances includes only incumbrances created by the act or with íhe consent of the assured, and not those created by the law; and therefore the policy was not avoided by the omission to disclose the fact that “ delinquent taxes ” on the premises for previous years were due and unpaid, although by the statutes of Nebraska taxes are made a lien on the real estate taxed.

Judgment reversed, and case remanded to the Circuit Cov/rt, with directions to render judgment for the plaintiffs upon the special verdict.

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Bluebook (online)

127 U.S. 404, 8 S. Ct. 1202, 32 L. Ed. 198, 1888 U.S. LEXIS 2003, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hosford-v-hartford-fire-insurance-scotus-1888.

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