Swift v. Vermont Mutual Fire Insurance
Supreme Court of Vermont
Assumpsit upon a policy of insurance. The plaintiffs alleged in. their declaration, that, on the tenth day of June, 1837, one Alvah Hawks, being the owner in fee of a certain tavern house and other buildings in Woodford, which were subject to a mortgage to the plaintiff Swift for $1400, made application to the defendants for insurance on said buildings, and on certain property therein, for the benefit of both Hawks and Swift; that the defendants thereupon made and delivered…
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Assumpsit upon a policy of insurance. The plaintiffs alleged in. their declaration, that, on the tenth day of June, 1837, one Alvah Hawks, being the owner in fee of a certain tavern house and other buildings in Woodford, which were subject to a mortgage to the plaintiff Swift for $1400, made application to the defendants for insurance on said buildings, and on certain property therein, for the benefit of both Hawks and Swift; that the defendants thereupon made and delivered their policy of insurance to Hawks and Swift, to continue in force from twelve o’clock at noon on the 10th day of June,…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
The only question in the present case is, whether the plaintiffs’ title was such, that the policy is binding upon the defendants.
The only defect in the plaintiffs’ title, here insisted upon, is in the deed from the Bennington Iron Company to Lyon. There is no doubt, I apprehend, that this deed, as a legal conveyance, is wholly defective. It would hardly be necessary to go into detail, in pointing out its defects. It is not a deed under the seal of the corporation, nor by the President of the corporation, nor in pursuance of any vote of the…
2Cases cited1 opinion
- Collamer v. DaySupreme Court of Vermont · 1829
3Cited by11 opinions
- Williams v. Roger Williams InsuranceMassachusetts Supreme Judicial Court · 1871
- East Texas Fire Insurance v. DychesTexas Supreme Court · 1881
- Smith v. Phœnix InsuranceCalifornia Supreme Court · 1891
- Fowle v. Springfield Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1877
- Fray v. National Fire InsuranceIllinois Supreme Court · 1930
6 more not listed; retrieve them via the Exa API.