51 Me. 32 | Me. | 1862
The grounds for the motion will appear from the opinion of the Court, which was drawn up by
The plaintiff procured of the defendants a
There would seem to be the same reason to set aside the second verdict, as the first. The evidence was substantially the same. The ground of the defence was, that the amount of the plaintifFs stock was much less than claimed by him. As this appeared to be established by the evidence, the first verdict, for the full amount insured, was set aside.
The amount of the second verdict, exclusive of interest, is a little over nine hundred dollars. If the plaintiff had not claimed a greater loss than that, notwithstanding the suspicious circumstances attending it, we might not have disturbed the verdict.
It was the duty of the plaintiff, as soon as possible after the loss, to deliver to the company an account, on oath, of his loss or damage, as particular as the nature of the case admitted, stating the cash value of the property insured. Conditions of Insurance, oMicle 9. This the plaintiff did, the next day after the fire, claiming the value of the goods destroyed to have been $2,400.
By note 3, to the same article of the conditions annexed to’ the policy, it is provided that " all fraud or false swearing shall cause a forfeiture of all claims on the insurers, aud shall be a full bar to all remedies against the insurers on the policy.”
The plaintiff made oath to his account, stating the value of the stock destroyed to have been twenty-four hundred