Legal Opinion

Carrigan v. Lycoming Fire Insurance

Supreme Court of Vermont

Decided January 15, 1881PublishedCited by 25 opinions

This case was tried at the March Term, 1880, Barrett, J., presiding. Trial by jury, verdict directed for the defendant. This was an action of special assumpsit upon an insurance policy, dated April 21,1875, issued by defendant to D. F. Mullin The policy, as amended in the written portion thereof, carried §1,200 on “ stock in trade, consisting principally of groceries, provisions, drugs and medicines, fancy goods, and such other merchandise as is usually kept in a country…

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This case was tried at the March Term, 1880, Barrett, J., presiding. Trial by jury, verdict directed for the defendant. This was an action of special assumpsit upon an insurance policy, dated April 21,1875, issued by defendant to D. F. Mullin The policy, as amended in the written portion thereof, carried §1,200 on “ stock in trade, consisting principally of groceries, provisions, drugs and medicines, fancy goods, and such other merchandise as is usually kept in a country store, including wines and liquors,” ; and §500 on “ store furniture and fixtures, including scales, soda fountain,…

1Opinion of the Court

The opinion of the court was delivered by

Taft, J.

The court directed a verdict for the defendants. The motion for such a verdict embraced four causes :

I. The defence claimed that the contract, and the claim under it, embraced liquors' kept for sale contrary to law, and the fixtures used in such illegal traffic, which was carried on by the plaintiff; and that by reason of such illegality the policy was null and void.

We think that a contract directly insuring liquors intended for illegal sale in violation of the law of this State is invalid. Such contracts are made in order to áfford the assured…

2Cases cited4 opinions

  1. Niagara Fire Insurance v. DeGraffMichigan Supreme Court · 1863
  2. Kelly v. Home InsuranceMassachusetts Supreme Judicial Court · 1867
  3. Johnson v. Union Marine & Fire InsuranceMassachusetts Supreme Judicial Court · 1879
  4. Boutelle v. Westchester Fire InsuranceSupreme Court of Vermont · 1878

3Cited by25 opinions

  1. Renier v. Dwelling House InsuranceWisconsin Supreme Court · 1889
  2. Smith v. Niagara Fire InsuranceSupreme Court of Vermont · 1887
  3. Pribble v. Aetna Life Insurance CompanyNew Mexico Supreme Court · 1972
  4. Erb v. German-American InsuranceSupreme Court of Iowa · 1897
  5. Mascott v. First National Fire InsuranceSupreme Court of Vermont · 1896

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