School District No. 6 v. Ætna Insurance
Supreme Judicial Court of Maine
On exceptions and motion for new trial. Assumpsit upon a policy of fire insurance on a school-house, dated March 1, 1860 ; and a renewal thereof April 1, 1861, for one year. The writ is dated November 23, 1861. This case has been before considered by the court, on other questions raised by it. 54 Maine, 505. It was admitted, that proof of loss on May 11, 1861, was duly given and received, and that the house was of the value alleged in the writ.
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On exceptions and motion for new trial. Assumpsit upon a policy of fire insurance on a school-house, dated March 1, 1860 ; and a renewal thereof April 1, 1861, for one year. The writ is dated November 23, 1861. This case has been before considered by the court, on other questions raised by it. 54 Maine, 505. It was admitted, that proof of loss on May 11, 1861, was duly given and received, and that the house was of the value alleged in the writ. In defence, were read the original application for a school district meeting, the record of the warrant calling the meeting, and the record of the…
1Opinion of the CourtPeters, J.
The fact that the sale of the school-house in question was, in most part, upon credit instead of for cash, as the vote of the district imported it should have been, settles this controversy for the plaintiffs. This phase of the case does not appear to have been presented in any of the bills of exceptions or motions considered by the court before.
The authority was by recorded vote easily to be seen and understood by those concerned. It is needless to cite cases to establish the general principle that a specific authority or direction to sell, does not authorize a sale on credit; unless, at the…
2Cases cited2 opinions
- Delafield v. StateNew York Supreme Court · 1841
- State of Illinois v. DelafieldNew York Court of Chancery · 1840
3Cited by8 opinions
- Dyer v. DuffyWest Virginia Supreme Court · 1894
- Jones v. Moncrief-Cook Co.Supreme Court of Oklahoma · 1910
- Gerling v. Agricultural Ins.West Virginia Supreme Court · 1892
- Smyth v. LynchColorado Court of Appeals · 1896
- School District No. 176 v. SanfordWashington Supreme Court · 1922
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