Page:Federal Reporter, 1st Series, Volume 4.djvu/772

 758 FBCEBAIi BEPOBTEB. �that the fact that Carr wrote $3,000 is evidence that he eo understood it; that he had no motive, if he knew it was $6,000, to put in $3,000; and that Putnam may have had the motive to say $3,000 in the fear that he would not be ahle to get $2,000 more, if it were known there was $6,000 already. On the part of the plaintiff it is urged (which is the fact) that the plaintiff had permission in the three poli- cies, amounting to $6,000, to insure $19,000 more in other companies, and could bave had no motive to conceal the $6,000. A. S. Putnam testilies that he did not read the first two policies when they were delivered to him, and did not examine the policy in suit when it was delivered to him, and that he first noticed the provision as to other insurance when the policy in suit was being used after the fire to make proofs of loss. On the whole evidence the case is not one for dis- turbing the finding of the referee that the fact of the exist- ence of $6,000 other insurance was known to the agent of the defendant when he delivered the policy in suit to the plaintiff. This fact being so, it must be held that the con- clusion of law thereon by the referee was correct. �The case of Wkited v. Gcrmania Fire Ins. Co. 76 F. Y. 415, Jecided in March, 1879, is a direct authority in point. The policy there contained provisions that if the property should be sold, or if the interest of the assured should not be truly fitated, the policy should beoome void ; that any less than a distinct specifie agreement, indorsed on the policy, should not be construed as a waiver of any condition therein; and "that any person other than the assured, who may have procured the insurance to be taken, shall be deemed to be the agent of the assured, and not of the company, under any circum- stances whatever, or in any transaction relating to this insur- ance." The policy was issued in 1869, signed by the officers of the company, and, countersigned "0. J. Harmon, agent," and was for one year. In 1870 it was renewed for one year, the renewal certificate being signed by the officers, and con- taining the words "not valid unless countersigned by the duly authorized agent of the company at Oswego," and being countersigned there "0. J. Harmon, agent." Like proceed- ����