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Bouvier's Law Dictionary and Concise Encyclopedia · John Bouvier; revised by Francis Rawle · 1914
Bouvier's Law Dictionary and Concise Encyclopedia
A demise by A to B for the term of “his” natural life may enure as a demise either for the life of A or that of B according to circumstances; 2 Nev. and M. 838. In a policy of insurance the word “his” instead of “their” as descriptive of the property of the assured, does not render the policy void, if the assured has an insurable interest, although the interest may be qualified or defeasible or even an equitable interest; Strong V. Ins. Co., 10 Pick. (Mass.) 40. 20 Am. Dec. 507; Hough v. Ins. Co., 29 Conn. 10, 76 Am. Dec. 681; i Ctna Fire Ins. Co. v. Tyler, 16 Wend. (N. Y.) 385, 30 Am. Dec. 90; but where the policy expressly requires that a statement be made whether the insured owns the sole interest in the premises, the use of the word “his” instead of “their” amounts to a misrepresentation, if the insured is not the sole owner; Mers v. Ins. Co., 68 Mo. 127. See Refbesentation. The ninth clause of the thirty-ninth section of the bankruptcy act does not apply to an accommodation indorser of negotiable paper whose Indorsement is in no way conwithin the meaning of said clause; In re Clemens, 2 Dill. 533, Fed. Gas. No. 2,877.