Lane v. Maine Mutual Fire Insurance
Supreme Judicial Court of Maine
This was an action of assumpsit on a policy of insurance, wherein the defendants insured the plaintiff against fire to the amount of two hundred dollars on his store, and the like sum on the goods in said store, for six years from the 17th day of January, 1832, promising, “ according to the provisions of their act of incorporation, to pay the plaintiff the said sum within three months next after said buildings, &rc. should be burnt.”
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This was an action of assumpsit on a policy of insurance, wherein the defendants insured the plaintiff against fire to the amount of two hundred dollars on his store, and the like sum on the goods in said store, for six years from the 17th day of January, 1832, promising, “ according to the provisions of their act of incorporation, to pay the plaintiff the said sum within three months next after said buildings, &rc. should be burnt.” The store and its contents were consumed by fire on the night of the 7th of June, 1834. In the 8th section of the act of incorporation, referred to in the…
1Opinion of the Court
Parris J. —
The first question presented for our decision is, whether the hiring and occupation of the store by Dunn, from May to November, was such an alienation of the property insured as rendered the policy void under the 9th section of the act of incorporation therein referred to.
In the construction of this language we should have regard to the circumstances under which it was used, and the situation and object of the parties using it. The insured was the owner of the store, and for the purpose of securing his interest against the *47peril of fire, became a member of the company, assuming the…
2Cases cited1 opinion
- Cromwell v. LovettThe Superior Court of New York City · 1828
3Cited by17 opinions
- Travis v. Peabody InsuranceWest Virginia Supreme Court · 1886
- Hayes v. BarringerCourt of Appeals for the Eighth Circuit · 1909
- Citizens State Bank v. State Mutual Rodded Fire Ins.Michigan Supreme Court · 1936
- Davis v. Bremer County Farmers Mutual Fire InsuranceSupreme Court of Iowa · 1912
- Gerling v. Agricultural Ins.West Virginia Supreme Court · 1892
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