Mullin v. Vt. Mutual Fire Insurance
Supreme Court of Vermont
Assumpsit upon an insurance policy. 'Trial by jury, March Term, 1883, Yeazey, J., presiding. Yerdiot ordered for the defendeant.
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Assumpsit upon an insurance policy. 'Trial by jury, March Term, 1883, Yeazey, J., presiding. Yerdiot ordered for the defendeant. This case was tried in the Supreme Court, and is reported in the 54 Yt. 223. It appears in the report of the case that the judgment of the court below was reversed, upon the ground that by admissions on the trial, as shown in the bill of exceptions, the application for the insurance' contained false answers and statements as to who was the owner and occupant 'of the' lower' story of' the building in which the plaintiff’s furniture was kept. The plaintiff’s counsel…
1Opinion of the Court
The opinion of the court was delivered by-
Boss, J.
This case was tried at the September Term, 1880, of the County Court, and resulted in a verdict and judgment for the plaintiff. That judgment was reversed and the verdict set aside' by 'this court at the General Term, 1881, and the case remanded to the County Court - for trial. It is immaterial to inquire the reasons that decided this court to remand the case for trial. It might be suggested, that it probably was because having reversed the judgment, and set aside the verdict, the case stood on an issue-closed to the jury, with no verdict for…
2Cases cited1 opinion
- Ring v. Windsor County Mutual Fire InsuranceSupreme Court of Vermont · 1879
3Cited by3 opinions
- State Ins. v. JordanNebraska Supreme Court · 1890
- New York Life Ins. v. RussellCourt of Appeals for the Eighth Circuit · 1896
- Harwood's Admx. v. Bennington & Rutland Ry. Co.Supreme Court of Vermont · 1895