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[Statement of Case from page 82 intentionally omitted]
'These causes, having been duly ordered to be tried before the same jury by the court, came on for trial before the Hon. Samuel F. MILLER and the Hon. Rensselaer R. NELSON, judges of said court, presiding at said trial, at a general term thereof begun and held at St. Paul, Minnesota, on the third Monday in June, A. D. 1880.
'The respective causes were brought by the plaintiffs on certain policies of insurance bearing date as follows: That of the Commonwealth Insurance Company of Boston bearing date of eleventh of January, 1877; that of the Western Assurance Company of Toronto, Canada, bearing date of twenty-seventh of December, 1876; and that of the Franklin Insurance Company of St. Louis, bearing date of twenty-ninth of December, 1876, the two latter being for $5,000 each, and the former for $2,500, insuring one Frances E. Barritt against loss or damage by fire on her stock of dry goods or other merchandise pertaining to her business, contained in the three-storied store, metal-roofed building, situated No. 37 East Third street, St. Paul, Minnesota, for a period of three months after their respective dates, with the condition that $35,000 other insurance shall be allowed. The respective policies were assigned by Frances E. Barritt, the assured, to one William Murphy on the seventh day of February, 1877, with the consent and approval of the respective companies.
'On the twenty-fifth day of February, 1877, said stock of goods was damaged by fire to the amount of $11,804.72, as found and determined by the arbitrators appointed by the assured and the respective companies. The policy of the Western Assurance Company of Toronto, Canada, contained, among other things, the following provision: 'The assured shall, if required, submit to an examination or examinations under oath by any person appointed by the company, and subscribe thereto when the same is reduced to writing;' and also 'all fraud or attempt at fraud, by false swearing or otherwise, shall forfeit all claim on this company, and be a perpetual bar to any recovery under this policy.'
'That of the Franklin Insurance Company of St. Louis contained, among others, the following provision, viz.: 'And the insured shall, if required, submit to an examination under oath, by the agent or attorney of this company, and answer all questions touching his, her, or their knowledge of anything relating to such loss or damage, or to their claim thereupon, and subscribe such examination, the same being reduced to writing;' and the further provision, to-wit: 'All fraud or false swearing shall cause a forfeiture of all claims on the insurers, and shall be a full bar to all remedies against the insurer on the policy.' That of the defendant, the Commonwealth Insurance Company of Boston, contained, among others, the following provision, to-wit: 'All fraud or attempt at fraud, by false swearing or otherwise, shall cause a forfeiture of all claims on this company under this policy;' and the further provision, viz., 'The assured shall, if required, submit to an examination or examinations, under oath, by any person appointed by the company, and subscribe to such examinations when reduced to writing.'