a policy is clear and explicit, no parol evidence can be admitted to contradict or vary its provisions. An implied warranty necessarily results from the terms of the contract. A misrepresentation renders the contract void, on the ground of fraud. A non-compliance of the warranty, is an express breach of the contract. When a thing is warranted to be of a particular description, it must be as it is represented; otherwise the policy is void, and there is no contract.

9. It is the practice of fire insurance companies to make inquiries of the insured, concerning all matters deemed material to the risk, or which may affect the amount of the premium to be paid. This is sometimes done by annexing the conditions of insurance to the policy. Sometimes the applicant is required to state particular facts, in a written application for insurance. When thus called upon to speak, he is bound to make a true and full representation concerning all the matters brought to his notice. The test of the materiality of a representation is the probable influence made on the mind of the insurers, in their determination to assume the responsibility they would not otherwise have assumed. Materiality of a representation is a matter of fact to be ascertained by a jury. Policies of fire insurance are personal contracts with the insured, and do not pass to the purchaser of the property insured, or to the assignee, without the consent of the insurers. If the insured part with all his interest in the property before the loss happens, the policy is at an end, unless it be assigned to the purchaser. If he retain

made a part of the policy? What evidence cannot be introduced to contradict or vary the provisions of the policy? What is the effect of a misrepresentation? What effect does the non-compliance of the warranty have? When a thing is warranted to be of a particular description?

9. What inquiries are insurance companies accustomed to make of the insured? What are sometimes annexed to the policy of insurance? What is the applicant sometimes required to state in writing? When thus called upon to speak, what is he bound to do? What is the test of the materiality of a representation? By whom is the materiality of representation to be decided? What kind of contracts are policies of fire insurance? Do they pass to the purchaser of the property insured? If

a partial interest, the policy will protect such interest. If the assignment takes place after the loss, it does not require the consent of the insurers. Whether an alteration to a building amounts to an increase of the risk, is a question for the jury. Profits are sometimes insured, but they must be insured as such. The proposals and conditions attached to the policy, form a part of the contract, and have the same force and effect as if contained in the policy. An application required of the insured is also deemed a part of the contract of insurance, when it is referred to in the policy as forming a part thereof. If a building be used in a manner prohibited by the policy, whether with or without the knowledge of the insured, the liability of the insurers ceases. The loss is to be estimated according to the cash value of the property at the time it is destroyed. An inquiry will make a fact material, which otherwise would not be material.

CHAPTER LXXX.

LIFE INSURANCE.

1. THE usual purpose of life insurance is to provide a fund for others, in case of the death of the insured. A person may insure his own life, or the life of another in whom he has an insurable interest. A bona-fide creditor has an insurable interest in his debtor's life to the extent of his debt. A person may insure his own life for the

the insured part with all his interest in the property before the fire occurs? If he retain a partial interest? If the assignment takes place after the loss? By whom is the question, whether an alteration in the premises is an increase of the risk, to be decided? Can profits be insured? What do the proposals and conditions attached to the policy form? If an application be required of the insured? If a building be used in a manner prohibited by the policy? How is the loss to be estimated? What will make a fact material, which otherwise would not be material? 1. What is the usual purpose of life insurance? Whose life may one

benefit of heirs or creditors. The insurable interest in the life of another person must be a direct and definite pecuniary interest. A person has not such interest in the life of his wife or child.

2. In New York, by the law of 1840, a wife may either in her own name, or by a trustee, insure her husband's life, free from the claim of his representatives or creditors. If the husband survive the wife, the loss may be payable to the wife's children. A life policy is assignable; and an assignee for value, of a policy effected by the assignor upon his own life, may recover the whole amount insured, without reference to the consideration paid by him for the assignment. It is not necessary that the assignee should have an insurable interest.

3. Applicants for life insurance, as a general rule, are unknown to the officers of the insurance company. The company, therefore, relies upon the statement and representations of the applicant, and his application is placed on file, and is made the basis of the policy of insurance. Good faith is requisite. All concealment or suppression of material facts avoids the policy. Whether the suppression arise from fraud or accident is immaterial, if the fact be material to the risk.

4. The applicant is required to state his name, residence, place of birth, age, whether married or single, employment, with a description of the diseases with which he has been afflicted. He is also to state how

insure? Has a creditor an insurable interest in the life of his debtor ? For whose benefit may a person insure his own life? What must the insurable interest in the life of another be? Has a person such interest in the life of his wife or child?

2. Free from what does the law of New York allow the wife to insure the life of her husband? If the husband survive the wife? Is a lifepolicy assignable? What amount may the assignee recover? Is it necessary that the assignee have an insurable interest?

3. Are the applicants for life insurance generally known to the officers of the company? Upon what does the company rely? What is made the basis of the policy? What is requisite? If there is any concealment or suppression of material facts? If the suppression arise from accident?

4. What is the applicant required to state? What is he required to

many of his parents, brothers, and sisters have died, with their ages and cause of their death; whether or not he is moral and temperate in his habits. A medical examination generally follows. The physician first gives a description of the applicant: "This person has blue eyes, brown hair, florid complexion; weighs about one hundred and fifty pounds; is about five feet eleven inches high; general appearance indicates sound health; temperament, sanguine; his general appearance indicates vigor; he is thirty-six inches around the breast; percussion gives a clear sound over the whole surface of the chest; he is not inclined to a cough on taking cold; his pulse is about seventy per minute; the ratio between respiration and pulsation is about one to two; the action of the heart is uniform, free, unobstructed, and healthy." The physician's report is varied, according to circum

stances.

5. There are certain conditions annexed to the policy which will render the policy void. If the insured go into certain unhealthy climates, without permission of the company, or enter into the military service, or into the naval service, or commit suicide, or die in a duel, or die by the hand of justice, the policy will become void. If he become insane, and commit suicide, the policy will not be void.

state in reference to his father, mother, brothers, and sisters? What examination generally follows? What description does the physician give of the applicant? How is the physician's report varied?

5. What is the effect if certain conditions annexed happen? What are these conditions? What is the effect if the insured become insane, and commit suicide?

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CHAPTER LXXXI.

THE LOGIC OF PLEADING.

1. In every State there is a power to enforce every right, to redress every wrong, and to punish every public offence. This power is reposed in the hands of judges and magistrates, duly authorized to issue process for bringing the parties before them, and to hold courts for the purpose of hearing and determining all matters in controversy between the parties. The forms adopted in the several States for obtaining remedies and punishing crimes are nearly the same, although they differ in some minor points. The practice and pleadings, as they existed in the colonies before the Revolution, are still retained in some of the States. In other States, a new code has been adopted, by which the former practice and pleadings are slightly simplified and abridged.

2. Pleading is the most instructive and important single title in the law. The most simple of judicial remedies cannot be obtained without the aid of pleadings. The science of pleading comprises that series of rules which regulate the formal statement of the matters alleged on the one side and denied on the other, leading to, and constituting, the issue on which the controversy depends. The great object at which this science aims is a clear, logical, and legal disposition of the controverted points, so as to reduce them to simple propositions, capa

1. What power exists in every State? In whose hands is this power reposed? What are the judges and magistrates authorized to do? Are the forms for obtaining remedies and punishing crimes the same in all the States? What is still retained in some of the States? In other States, what has been adopted?

2. What is said of the importance of pleading? What cannot be ob tained without pleading? What does the science of pleading comprise? What is the object at which the science aims? If one is acquainted