Burbank v. Rockingham Mutual Fire Insurance
Superior Court of New Hampshire
Assumpsit, by the plaintiff, as administrator of the estate of Samuel Burbank,.of Limington, in the -State of Maine, on a policy of insurance against loss by fire, issued by tbe defendants to said Samuel Burbank, the intestate, on the 10th day of February, 1845, insuring six hundred dollars on his grist-mill, in Limington, for six years.
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Assumpsit, by the plaintiff, as administrator of the estate of Samuel Burbank,.of Limington, in the -State of Maine, on a policy of insurance against loss by fire, issued by tbe defendants to said Samuel Burbank, the intestate, on the 10th day of February, 1845, insuring six hundred dollars on his grist-mill, in Limington, for six years. The declaration alleged a total loss by fire on the 13th of February, 1847. There was also a count for one thousand dollars, money had and received. Plea, the general issue. It appeared on the trial that the property insured was totally destroyed by fire on…
1Opinion of the CourtEastman, J.
The contract of insurance which was entered into by the defendants in this case, was made subject to the provisions and conditions of the charter and by-laws of the corporation. The twelfth section of the charter provides, “ that when any house or other building shall be alienated by sale nr otherwise, the policy shall thereupon be void, and be surrendered to the directors of said company to be cancelled.” The provisions of this section, as well as those of the others, are a part of the policy issued. Roberts v. Chenango Ins. Co., 3 Hill’s Rep. 501; Houghton v. Man. Mu. Fire Ins. Co., 8…
2Cases cited4 opinions
- Jennings v. Chenango Mutual InsuranceNew York Supreme Court · 1846
- Pritchard v. BrownSuperior Court of New Hampshire · 1828
- McGivney v. Phœnix Fire InsuranceNew York Supreme Court · 1828
- Edgerly v. SanbornSuperior Court of New Hampshire · 1833
3Cited by2 opinions
- Bonser v. CourtneySupreme Court of New Hampshire · 1984
- Prichard v. Department of RevenueSupreme Court of Iowa · 1969