Page:Federal Reporter, 1st Series, Volume 2.djvu/488

 ALBION LEAD WORKS V. WILLIAMSBUEG CITT F. INS. 00. 481 �•would take the risk, if Mr. Eobbins would send him a copy of the plan and of what he had told him. He sent a copy of the plan and of what was written upon it, as above quoted, and nothing more. The policy sued on was then issued. The parts of it relied on by either party were as follows ; the words in italics being written, and the others engraved or printed: �"The Wmiamsburgh City Fire Insurance Company, in con- sideration of sixty-two 50-100 dollars, to them paid by the assured hereinafter named, the receipt whereof is hereby acknowledged, do insure Albion Lead Works against loss or damage byfire to the amount oî five thousand dollars: $1,920 on the two-story brick and frame building situate on the south side of the mainroad leadingfrom the depôt to the village i/n the town of Dighton, Bristol Ce, Mass., as per plan in the office of M. P. Robhins e Ce, New York city, a copy of which is filed, No. 168,782, in this office; $2,300 on engine, boilers, steam and water pipes, machinery, shafting, belting,pulleys, hangers, appa- ratus, tools, implements and fixtures; $770 on stock, manufac- tured, unmanufactured, or in process of manufacture, — ail con- tained in above building." �Below were many stipulations, of which a part of the first is as follows : �"1. The application, survey, plan or description of the property herein insured, referred to in this policy, shall be considered a part of this contract, and a warranty by the assured during the time this policy is kept in force. Any false representation by the assured of the condition, situation or occupancy of the property, or any omission to make known every fact material to the risk, or an overvaluation, or any misrepresentation whatever, either in a written application or otherwise ; or if the assured shall have or shall hereafter make any other insurance on the property hereby insured, or any part thereof, whether valid or not, without the consent of this Company written hereon; or if the above-mentioned premises shall, at any time, be occupied or used so as to increase the risk, or the risk be increased by the erection or occupation of neighboring buildings, or by any means what- ever within the control of the assured; or if the premises �v.2,no.5— 31 ����