60 Neb. 348 | Neb. | 1900
In the main, this case is presented for review on substantially the same grounds as those of Connecticut Fire Ins. Co. v. Waugh, 60 Nebr., 353, and Connecticut Fire Ins. Co. v. Jeary, 60 Nebr., 338, in which opinions are filed concurrently with this one. The three cases are very similar in their general aspects, and, with some few exceptions, all that is said in the case last above mentioned applies with equal force to the one at bar. The covenants relied upon to operate as a release from liability by rea
We are of the opinion, from a careful reading of the terms of the above warranty and the evidence, that there existed at the time of the fire which destroyed the insured property no default in the conditions imposed on the assured which would preclude a recovery. The insurance was written February 21,1895. The loss occurred March 4, following, or less than thirty days from the execution and delivery of the policy of insurance. The evidence shows that no inventory had previously been taken since
It is also claimed, as we interpret the brief of counsel for plaintiff in error, that there existed a brea'ch of the conditions of the warranty because the inventory taken in September, 1893, or the so-called inventory or estimate of stock on hand made about February 1, 1894, was not preserved in the manner required in the third paragraph of the warranty. We are disposed to the view that the company’s liability can not be affected by this objection, if it is intended as such, and that the defendant is es-topped from urging the same, for the reason that no such objections were raised after the fire occurred as a reason
The judgment rendered in the court below is right and should be
Affirmed.