Massachusetts Supreme Judicial Court October 4, 1875 (Bardwell v. Conway Mutual Fire Insurance)

Wells, J.

It does not appear from the exceptions, and the jury have not found, that the excessive valuation of the property by the plaintiff, in his application for insurance, and in his affidavit or “ proof of loss,” was material to the risk so as to avoid the policy, as a representation, or intentionally false so as to defeat the right to recover, on the ground of fraud.