99 Mass. 469 | Mass. | 1868
The trustees answer generally that, according to their best information and belief, they have not any goods, effects or credits of the defendant in their hands or possession. On being further interrogated, they admit that they issued a policy of insurance on the defendant’s stock of goods in a country store, and that they have been notified of the destruction of the property by fire; but they say they are informed and verily believe that there was a misrepresentation on the part of the defendant in obtaining the insurance, sufficient to invalidate the policy, which was, that the store in which the goods were was detached, whereas in fact there was another store adjoining which very materially affected the risk. There is no doubt that such a misrepresentation is material, and invalidates a policy; and upon this state of facts the trustees are entitled to be discharged
It is not material to consider the other questions that have been argued. Exceptions overruled.