Legal Opinion

Spooner v. Vermont Mutual Fire Insurance

Supreme Court of Vermont

Decided October 15, 1880PublishedCited by 2 opinions

Assumpsit upon a policy of insurance with general counts. Trial by jury, April Term, 1879. Lamoille County, Powers, J., presiding. The facts in the case are substantially as follows: The defendant insured a dwelling-house to the amount of $650 ; a barn and shed for $200 ; and produce and some other buildings for several hundred dollars more.

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Assumpsit upon a policy of insurance with general counts. Trial by jury, April Term, 1879. Lamoille County, Powers, J., presiding. The facts in the case are substantially as follows: The defendant insured a dwelling-house to the amount of $650 ; a barn and shed for $200 ; and produce and some other buildings for several hundred dollars more. The policy was issued to Spaulding and Chloe D. Spooner, who was the wife of said Spaulding; and said Chloe was the sole owner of the property insured. The plaintiffs averred that on the 24th day of September, A. D. 1878, a part of said property was…

1Opinion of the Court

The opinion of the court was delivered by

Barrett, J.

The by-law requires a statement of the loss, that is, of the property destroyed or damaged, to be signed by the *161owner, and verified by the oath of the owner, with the additional oatb, that the party making such statement was, at the time of the loss, the owner of said property. It turns out that of the property lost, Ohloe, the wife, was the sole owner. The statement was not sworn to by her. It does not appear that any oath was made by either, as to the ownership of the property. The property was insured as being in the joint ownership of C.…

2Cited by2 opinions

  1. St. Paul Fire Marine Ins. Co. v. MittendorfSupreme Court of Oklahoma · 1909
  2. Walsh's Adm'x v. Vermont Mutual Fire InsuranceSupreme Court of Vermont · 1882

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