Wilson v. Frankfort Marine, Accident & Plate Glass Insurance
Supreme Court of New Hampshire
Assumpsit, upon an employer’s liability insurance contract, to recover the amount of a judgment rendered against the plaintiff because of an injury admitted to be within the terms of the policy. At the close of the plaintiff’s evidence the defendant moved for a nonsuit; and upon its agreement that there should be judgment for the plaintiff if the order was not sustained, the motion was granted subject, to exception. Other facts appear in the opinion.
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Assumpsit, upon an employer’s liability insurance contract, to recover the amount of a judgment rendered against the plaintiff because of an injury admitted to be within the terms of the policy. At the close of the plaintiff’s evidence the defendant moved for a nonsuit; and upon its agreement that there should be judgment for the plaintiff if the order was not sustained, the motion was granted subject, to exception. Other facts appear in the opinion. Transferred from the December term, 1913, of the superior court by Sawyer, J.
1Opinion of the CourtPeaslee, J.
Two defences to this suit are set up.
I. It is claimed that the interest of the assured was not correctly set out in the application for insurance, in that the concern was a partnership, whereas the plaintiff stated that he was the sole owner. It is not necessary to consider whether this would be a good defence if proved. The case is here upon an agreement that if there was any evidence for the jury to pass upon there shall be judgment for the plaintiff. Upon this issue the plaintiff testified that he was the sole owner of the business. This was sufficient to support a verdict to that effect…
2Cited by20 opinions
- Gold Issue Mining & Milling Co. v. Pennsylvania Fire InsuranceSupreme Court of Missouri · 1916
- Wright v. Grain Dealers Nat. Mut. Fire Ins. CoCourt of Appeals for the Fourth Circuit · 1950
- Service Fire Insurance Co. of New York v. MarkeySupreme Court of Florida · 1955
- Keeling v. Travelers Ins. Co. of HartfordSupreme Court of Oklahoma · 1937
- Jensen v. Traders & General InsuranceCalifornia Court of Appeal · 1956
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