Page:Black's Law Dictionary (Second Edition).djvu/649

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INSTRUMENT

Abbott v. Campbell, 69 Net). 371, 95 N. W. 592.

in the law of evidence Anything which may be presented as evidence to the senses of the adjudicating tribunal The term "instruments of evidence" includes not merely documents, but witnesses and living things which may he presented for inspection. 1 Wlizirt. Ev. § 615.

—Instru.ment of appeal. The document by which an appeal is brought in an English mat- riinouinl cause from the president of the pro- batc, divorce, and aiimiralty division to the Iuli court. It is analogous to a petition. Browne, Div. 3 —Instx'i|:ment of evidence. Instruments of evidence are the media through which the evidence of facts, eitber disputed or required to be proved, is conveyed to the mind of a judicial tribunal: and they comprise persons, as well as writings. Best, Ev. § 123. —Inst:-riment of saisine. An instrument in Scotland by which the delivery of “soisine" (i. c.. seisiu, or the feudal possession of land) is attcstcd. It is subscribed by a notary. in the presence of witnesses, and is executed in pursuance of a “precept of saisine," whereby the “grantor of the deed" desires “any notary public to whom tbcse presents may be presented” to give saisine to the intended grantee or grantees. It must be entered and recorded in the registers of saisines. Mozley dc Whitley.

INSTRUMENTA. Lat. Tizlet kind of evidence which consists or writings not under Eenl; as court-rolls, accounts, and the like. 3 Co. Lift. 48?.

INSUCKEN MULTURES. A quantity of corn paid by those who are thirled to a mill. See TH.I.i_3I..AGE.

INSUFFICIENCY. In equity pleading. The legal inadequacy of an answer in equity which does not t'uily and specihcaily reply to some one or more of the mateiiai nliegations, charges, 01 i.nte1'rogatories set forth in the bilL White v. Joy, 1.3 N. r. so; llougbton v. Townsend, 8 How. Prac. (N. 1'.) 446; Hill v. Fair Haven & W. R. Co., 75 Conn. 177, 52 Atl. 725.

INSIILA. Lat. An island; a house not connected with other houses, but separated by a surrounding space of ground. Galvin.

INSUPER. Lat. Moreover; abo\e.

An old exchequer term, applied to it charge made upon a person in his account. Blount.

over and

INSUEABLE INTEREST. Such a real and substantial interest in specific property as will sustain a contract to indenmify the person interested against its loss. Mutual F. Ins. Co. v. Wagner (Pa.) 7 Ati. 101; Insurance Co. v. Brooks, 131 Ala. (S14, 30 South. 870: Berry v. Insurance '30.. 132 N. Y. 49, .30 N. E. 254. 28 Ann. St. Rep. 548; Strong v. Insurance Co., 10 Pick. (Mass) 43, 20 Am. Dec. 507; Insurance Co. v. Winsmore, 124 Pa. 61. 16 At]. 516. If the assured had no

Bl.Law Dict.(2d Ed.)—41

641

INSURANCE

real interest, the contract would be a. mere wager policy.

Every interest Lu property, or any relation thereto, or liability in respect thereof. or such a nature that a contemplated peril mi-giit directly daninify the insure is an insurable interest. Civil Code, Cal. § 2546.

iii the case of life insurance. a reasonable expectation of pecuniary benefit from the continued life of another; a reasonable giound, founded upon the relation of the parties to each other. either pecuniary or of blood or athnity, to upect some benefit or advantage from the continuance of the life of the assured. Insurance Co. v. Schaefer, 94 U. S. -160, 24 L. Ed. 251: Whrnocl; v. Davis, 164 U. S. 779, 26 L. Ed. 92-1; Rouiluich v. Insurance 00.. 35 La. Ann. 23-1. -is Am Rep. 239.

INSURANCE. A contract whereby, for it stipulated coiisiilcralzlon, one party undertakes to compensate the other for loss on a specified subject by specified perils. The party agreeing to make the compensation is usually caiied the "insurer" or “underwrit~ er ;" the other, the "insured" or "assured :" the agreed consideration, the “pi-eiuiiini;" the written contract, a “policy the events insured against, “risks" or "periis-," and the subject, right, or interest to be protected, the "insurable interest." 1 Phil. Ins. §§ 1-5.

Insurance is a cuiitract whereby one undertakes to indemnify another against loss, damage, or llabiiity arising froni an unknown or contingent event. Cii a Code. Cal. § 2.3-: ; Civil Code Dak. § 1474. See Peupie v. Rose, 174 Ill. 310, 51 N. E. 246, 4-} L. It. A. 124, Barnes v. Pcople 168 Ill 4255, 48 E. 91; Com. v. Wctherbee, 105 M.iss. 1u0; State v Vigilant Ins. Co., 30 Kan. 585, 2 Pac S40; Com. v. Provident Bicycle Ass'n, 173 Pa. €.':lG, 36 At]. 197. 36 I}. R. A. 589: Com. V. Equitable Ben. Ass'n, 137 Pa. 412, I8 Atl. 1.112; Tyler v. New Amsterdam F. Ins. Co., 4 Rob. (N. Y.) 155.

C1assifii:a1:io:1.—AI:eident insurance is that form of insurance wbich undertakes to indemnify the assured acainst crpcnse. loss of time and sufienng resulting from accidents causing hlin physical injury. usually by pay- ment at a listed rate per week viiiiie the conse- qucnt disabiiity iasts, and sometimes including the payment of a fixed sum to his heirs in case of his death by accidcut within the term of the policy. See Employers’ Liability Assiur. Corp. v. Merrill, 15:’) Mass. 404. 2') N E. .' Burglary insurance. Insurance 11;.-iiinst loss of pi'i‘-pcrtv by the depredafioris of burglars and tbie\ves.—Casualty insurance. This term is gencraily used as equivalent to “:ir‘ciden.t" insurance. See State v. Federal_Inv. (‘Q Minn. 110. 50 N. W. 1038. But_ in some it means insurance against accidental in to roperty as distinguished from acciilen resu ting in bodily injury or dentb. See " pir>ycrs' Liability Assiir. Corp. v. Merrill, Mass. 04, 29 N. E. .'i....—-Comxnercinl insux-nnce is a term uppiied to indemnity agreements, in the form of insurance bonds or policies, whereby parties to commercial cc-nrrn is are to a designated extent guarantied sea‘ \‘

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loss by reason of a breach of contractual obli- M