LUMBER UNDERWRITERS v. RIFE

No. 279.

237 U.S. 605 (1915)

LUMBER UNDERWRITERS OF NEW YORK v. RIFE.

Supreme Court of United States.

Decided June 1, 1915.


Attorney(s) appearing for the Case

Mr. R. Lee Bartels for petitioner.

Mr. Caruthers Ewing for respondent.


MR. JUSTICE HOLMES delivered the opinion of the court.

This is a suit upon a policy insuring lumber for one year from May 22, 1909. The policy contained a warranty by the assured that a continuous clear space of one hundred feet should be maintained between the lumber and the mill of the assured and also a provision requiring any waivers to be written upon or attached to the instrument. The lumber was burned during the year...

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