Jartman v. Pacific Fire Insurance
Supreme Court of Connecticut
Action to recover the amount of a loss under a fire insurance policy, brought to the Court of Common Pleas in Hartford County where judgment was rendered for the plaintiff upon the defendant’s default, Walsh, J. Subsequently the defendant filed a motion to open the judgment and restore the cause to the docket, which the court denied, and thereupon the defendant appealed to this court.
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Action to recover the amount of a loss under a fire insurance policy, brought to the Court of Common Pleas in Hartford County where judgment was rendered for the plaintiff upon the defendant’s default, Walsh, J. Subsequently the defendant filed a motion to open the judgment and restore the cause to the docket, which the court denied, and thereupon the defendant appealed to this court. The plaintiff had a policy issued by the defendant, insuring him against loss by fire on his household goods. During the life of the policy his goods were damaged by fire. He brought a suit on the policy to…
1Opinion of the CourtAndrews, C. J.
An application to open a default is, when not based on a pure error of law, addressed to the sound discretion of the court.
On the defendant’s own claim, it received in due season what purported to be a copy of the writ requiring it to appear before the Court of Common Pleas to be holden on the Monday of the following month, and immediately forwarded to one whom, in its “proposed finding,” is styled “ the representative or agent of said company in this State,” for proper action. This representative took no action, under the mistaken belief that the copy was correct, and that a writ with such a…
2Cases cited1 opinion
- Woods v. BrzezinskiSupreme Court of Connecticut · 1889
3Cited by9 opinions
- Automotive Twins, Inc. v. KleinSupreme Court of Connecticut · 1951
- Black v. Universal C. I. T. Credit Corp.Supreme Court of Connecticut · 1962
- Jacobson v. RobingtonSupreme Court of Connecticut · 1953
- Barton v. BartonSupreme Court of Connecticut · 1937
- Lundborg v. SalvatoreSupreme Court of Connecticut · 1961
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