Page:Federal Reporter, 1st Series, Volume 2.djvu/491

 4:8e FEDERAL REPORTER. �instead of "application." When a person wrote to a company for insurance upon his house or mill, his letter was an appli- cation, but not often a full and satisfactory one, and the cum- pany would send back a form for a more full application. This paper usually had a caption, stating that it was to bô the basis for the insurance, and contained printed questions, with directions how they should be answered. This paper was filled out and signed by the assured, or by his agent, or by the agent of the company, and was the final application ; but to avoid misunderstanding it came to be called a survey, as, in many cases, the original letter might be called an application. �The printed condition or stipulation, making the survey or plan or application a warranty, is found in a great many of the reported cases, and is often in substantially this form : "If the insurance is made upon a written plan, survey, or application, the same shall form a part of the policy, and be a warranty," etc. See, upon both these points, Glendale Mfg. Co. V. Protection Ins. Co. 21 Conn. 19; Slteldon v. Hart- ford Pire Ins. Co. 22 Conn. 235 ; May v. Backeye Mut. Ins. Co. 25 Wis. 291; First Nat. B.mk v. Ins. Co. N. A. 50 N. Y. 46; Garcelon v. Hampden Fire Ins. Co. 50 Me. 580. These are samples of the cases, and the meaning is substantially the same in ail, that the written application, by whatever name it may be called, shall be a warranty. In this case the application was oral. There is no confliot of evidence upon this point. Mr. Robbina went to the defendant's with a paper in his hand and described the risk and answered questions. I suppose he answered them as they stand upon the memorandum, so far as that goes; but it contains noth- ing about a pump, or about some other matters coucerning which there were oral representations. Whethex he read from his memorandum or not, or whether he read correctly or not, is immaterial, because it was what he said that was the foundation of the contract. Nor do I understand that the president asked for a written application. Ile said : "Send me a copy of the plan and your statements, and I will insure." He did not ask for a written statemeut, as aq ����