Fox v. Conway Fire Ins.
Supreme Judicial Court of Maine
ON Exceptions from Nisi Prius, Davis, J., presiding. Assumpsit on a policy of insurance against fire, dated Oct. 5, 1862. The presiding Justice instructed the jury : — That, under the writ and pleadings and defendants’ specifications of de-fence in this action, it was not necessary for. the plaintiffs, to entitle them to recover in this action, to show that they had notified the defendants of the fire, or that they had furnished them with any proofs or statements of loss or…
Read the full summary
ON Exceptions from Nisi Prius, Davis, J., presiding. Assumpsit on a policy of insurance against fire, dated Oct. 5, 1862. The presiding Justice instructed the jury : — That, under the writ and pleadings and defendants’ specifications of de-fence in this action, it was not necessary for. the plaintiffs, to entitle them to recover in this action, to show that they had notified the defendants of the fire, or that they had furnished them with any proofs or statements of loss or damage, verified by defendants’ oath' or affirmation, (or any statement whatever.) To which instruction the defendants…
1Opinion of the CourtAppleton, C. J.
This is an action on a policy of insurance by the defendants. The writ sets forth a loss within the terms of the policy, and that the defendants, " on the sixteenth day of November, had due notice and proof thereof, according to the conditions of the policy.”
*109The defendants seasonably filed specifications of defence, but there was no denial of the allegation of due notice and proof of the loss, according to the conditions of the policy.
By the 9th Rule of Court, 37 Maine, 570, "parties filing specifications of the nature and grounds of defence with the clerk, * shall, in all cases, be confined,…
2Cited by6 opinions
- State v. HumeSupreme Judicial Court of Maine · 1951
- Parker v. HohmanSupreme Judicial Court of Maine · 1969
- State v. PinkhamSupreme Judicial Court of Maine · 1978
- In Re Knapp's EstateSupreme Judicial Court of Maine · 1950
- Bodwell-Leighton Co. v. Coffin & Wimple, Inc.Supreme Judicial Court of Maine · 1949
1 more not listed; retrieve them via the Exa API.