A Treatise On the Law of Insurance Fire Life Accident Marine With a Selecti

Cover A Treatise On the Law of Insurance Fire Life Accident Marine With a Selecti
A Treatise On the Law of Insurance Fire Life Accident Marine With a Selecti
George Richards
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-4. I told him the folks had gone out, and I would go in a few days ; he said all right ; he did not say anything about the policy or the insurance. Bennett told me when he gave me the policy to notify him if the people were moving out ; I did not say anything else to him. " The plaintiff's son- in-law testified : '^ Q. What have you heard him (Bennett) say, in relation to the policy in suit, in reference to Mrs. Jones moving from the premises? A. I heard Bennett say, in Am- sterdam, that he to...ld plaintiff that he was going to have busi- ness in Schuyler Street, and would stop and fix her policy so that it would be all right, providing it was vacant ; he said he told her this the same da}^ she notified him the family were going to move out. " This is the only evidence tending to establish a waiver. The referee did not find, as a question of fact, that there was a waiver of any of the provisions of the policy ; but simply found that the conversations above quoted were had, and decided, as a question of law, that they con- stituted a valid waiver.

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