Levi v. Palatine Insurance
Supreme Court of New Hampshire
Assumpsit, upon a fire insurance policy for $400 upon the plaintiff’s stock in trade, consisting of dress goods and shoes, which was damaged by smoke and water on September 6, 1909. Trial by jury and verdict for the plaintiff.
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Assumpsit, upon a fire insurance policy for $400 upon the plaintiff’s stock in trade, consisting of dress goods and shoes, which was damaged by smoke and water on September 6, 1909. Trial by jury and verdict for the plaintiff. The defendants moved for a nonsuit on the grounds (1) that the plaintiff failed to show a compliance with the terms of the policy with respect to proof of loss and conditioning; (2) that there was no evidence that the plaintiff made any effort to “condition” the goods, — “to get them back into as good condition as she could”; and (3) that the plaintiff sold or disposed…
1Opinion of the CourtParsons, C. J.
If the list furnished the local agent was not a. technical compliance with section 6, chapter 170, Public Statutes, requiring notice in writing by the insured to the secretary, a direc tor, or an agent of the insurer, in case of loss or damage of property insured, any defect therein might be waived. Gleason v. Insurance Co., 73 N. H. 583; Perry v. Insurance Co., 67 N. H. 291, 296. The question of waiver was submitted to the jury without objection, so far as appears, to the insufficiency of the evidence to sustain a finding for the plaintiff, and none is taken here. The requirements of a sworn…
2Cases cited3 opinions
- Perry v. Dwelling-House InsuranceSupreme Court of New Hampshire · 1892
- Franklin v. New Hampshire Fire InsuranceSupreme Court of New Hampshire · 1899
- Gleason v. Canterbury Mutual Fire InsuranceSupreme Court of New Hampshire · 1906
3Cited by3 opinions
- Shields v. Vermont Mutual Fire InsuranceSupreme Court of Vermont · 1929
- Flynn v. Orient InsuranceSupreme Court of New Hampshire · 1914
- Kelsea v. Phoenix InsuranceSupreme Court of New Hampshire · 1917