Page:Federal Reporter, 1st Series, Volume 2.djvu/440

 POOB V. HUDSON INS. CO. 433 �Pamilt — TivwmmoTS of. — A family is a number of persona living to- gether in one house and under one management or head. No specifie number is requisite to constitute such family, nor is it necessary that Ihey eat in the same house. �Insueancb — Condition ab to Ocoupanct. — A policy of insurance upon a building used as a sumraer hôtel provided that a family should live in it throughout the year, It was destroyed by flre in November, and at the time of its destruction two men servants and employes of the insured were staying therein, taliing their meals at an adjoining hôtel, and working around the premises. Eeld, sufflcient to support a verdict for plaintifE. �Bame — Same — ^Instructions. — Instructions as to whether such. condition was complied with hM proper. �Same — Statements madb to Agent at Time of Insurance. — Evidence of what was said to the insurance agent at the time of the insurance, as to how the house had been occupied the previous year, held competent, as aiding to arrive at the intention of the parties and true interpretation of the contract. �John S. H. Frink and A. R. Hatch, for plaintiff. �S. G. Eastman and Q. Marston, for defendant. �Clark, D. J. This was an action on a policy of insurance issued by the defendants upon the Oceanic Hôtel, at Star island, one of the Isles of Shoals, against fire. The policy ■was dated July 25, 1876, for $2,500, and the hôtel was burned November llth, foUowing, at 3 o'clock in the morning. The insurance was procured by Eeed Bros., of Boston, as agents for Mr. Poor, through Mr. Craig, of Portsmouth, as agent of the Company. At the trial of the cause before a jury two principal questions arose — First, whether the policy, which was for one year, had been cancelled by agreement of parties before the loss occurred ; and, second, whether the hôtel was cccupied, at the time of the fire, as stipulated in the policy. �Some time before the loss happened the defendant Com- pany became dissatisfied with the risk, and instructed Mr. Craig, their agent, to procure a diminution of it in part, or in its entirety. Thereupon Mr. Craig wrote to Eeed Bros., at Boston, stating the wishes of the Hudson company, and pro- posing to reduce the risk one-half or in the whole; and stating further that he coald place the risk in the Lancashire com- pany, or he ^70uld return the premium. Eeed Bros, retnrned answer that they did not wish the risk divided, half in the �7.3,no.4— 28 ����