James Clark McReynolds

“ If the statement in the proof of loss, to which Soler made oath, did not represent the cost of labor, but was the contract price which the plaintiff was to receive from others for whom goods were being manufactured, no other conclusion can reasonably be drawn than that the statement in the proof of loss was knowingly made for the purpose of getting money from the insurance company that the plaintiff was not entitled to and was fraudulent, and, under condition 12 of the policy, deprived the plaintiff of its benefits. ”

“ If the bill of exceptions be disregarded, we must assume the jury was properly instructed-were told that condition 12 required a verdict for the insurer 'if the claim be in any respect fraudulent.' The finding for the assured indicates that they discovered no fraud. Policyholders may present inaccurate proofs of loss without conscious dishonesty of intent to defraud; different views of values are common; memory is faulty; insurance company and assured often entertain widely different views concerning the policy ”

“ The judgment of the Circuit Court of Appeals must be reversed. We find no material error in the action of the District Court, and its judgment is affirmed.
Mr. Justice STONE took no part in the consideration or decision of this case. ”