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Supreme Court of Florida
[NO DOCKET NUMBER]
[*270] [**172] Statement.
In August, 1897, plaintiff in error began an action against defendant in error in the Circuit Court of Alachua county. The declaration, containing one count, alleged that defendant issued its policy of insurance under seal to plaintiff, whereby it insured plaintiff in the sum of $ 1,800 against loss or damage by fire, upon his stock of general merchandise while contained in a certain store building at Rochelle, for the period of oney year from September 7, 1896. The declaration set forth the policy at length and alleged that plaintiff at the time it was issued, and from thence until the happening of the loss and damage, was the sole and absolute owner of the property; that on February 2, 1897, the property insured was totally consumed and destroyed by fire, whereby plaintiff sustained loss and damage to the property to the amount of $ 2,886.13; that forthwith, after the happening of said loss, plaintiff gave notice thereof to the defendant, and the defendant through its [***2] agent came to where said property was destroyed, made an adjustment of said loss, expressed itself through said agent to be perfectly satisfied concerning said loss; found that plaintiff had sustained a loss of $ 2,886.13, and then and there agreed and promised to pay plaintiff the amount of money named and secured in said policy, to-wit: $1,800.
The declaration also alleged that plaintiff had kept and performed all things in said policy contained on his part to be kept and performed, and although all conditions had been performed and fulfilled by him and all events and things [*271] had happened to entitle him to performance by defendant of its contract of insurance, yet the defendant, though often requested, had not paid plaintiff the sum due under said policy on account of the loss sustained, or any part thereof, but refused to do so.
Attached to and made a part of the policy as set forth in the declaration was what is known as the "Iron Safe Clause" in the following language: "The following covenant and warranty is hereby made a part of this policy: "First. The assured will take a complete itemized inventory of stock on hand at least once in each calendar year, and unless [***3] such inventory has been taken within twelve calendar months prior to the date of this policy, one shall be taken in detail within 30 days of issuance of this policy, or this policy shall be null and void. Second. The assured will keep a set of books which shall clearly and plainly present a complete record of the business transacted, including all purchases, sales and shipments, both fo cash and credit, from date of inventory as provided for in first section of this clause, and during the continuance of this policy. Third. The assured will keep such books inventory, if such has been taken, securely locked in a fire proof safe at night, and at all times when the building mentioned in this policy is not actually open for business, or failing in this, the assured will keep such books and inventories in some place not exposed to a fire which would destroy the aforesaid building. In the event of failure to produce such set of books and inventories for the inspection of this company, this policy shall become null and void, and such failure shall constitute a perpetual bar to any recovery thereon.'"
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46 Fla. 268 *; 35 So. 171 **; 1903 Fla. LEXIS 534 ***
W. H. TILLIS, Plaintiff in Error, v. THE LIVERPOOL AND LONDON AND GLOBE INSURANCE COMPANY. A FOREIGN CORPORATION ORGANIZED UNDER THE LAWS OF GREAT BRITAIN, AND DOING BUSINESS IN THE STATE OF FLORIDA, Defendant in Error
Prior History: [***1] Writ of error to the Circuit Court for Alachua county.
declaration, demurrer, inventory, pleas, replications, safe, forfeiture, iron, allegations, destroyed, promise to pay, conditions, warranty, grounds, adjusted, insured, waived, departures, admitting, covenant, estoppel, assured, void
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