
    Alston v. The Mechanics Mutual Insurance Co. of Troy. 4 Hill, 329.
    In S. Ct. 1 Hill, 510.
    
      Representation ; Verbal Promise of f uture conduct of the Insured.
    
    Exceptions to report of referees, who admitted evidence that defendant promised if the company would take the risk proposed, to discontinue the use of a fire-place in the basement and use a stove instead; but after obtaining the policy, used the fire-place still—in consequence of which the building was burnt. Report for defendants.
    The Supreme Court held the evidence admissible; that a representation like a warranty may be affirmative of the present or promissory of the future. On Error,
    The Court of Errors held that a representation in the nature of a promise or stipulation for future conduct on the part of the assured., must, in general, be inserted in the policy; and that the referees erred in receiving evidence by parol, of such an agreement, to defeat the policy; and that their report should have been set aside and a venire de novo awarded.
   All the members of the court (19) concurring in this result, the judgment of the Supreme Court was unanimously re, versed,  