Legal Opinion

Windham County Mutual Fire Insurance v. Pierce

Supreme Court of Vermont

Decided February 15, 1863Published

Assumpsit for the amount of assessments on a premium note of an insurance company. The note was'for $147. The assesments that had accrued at the ’ timé the suit was brought, amounted to less than $100. The case is stated in the opinion of the court. cited Farmer's Mutual Fire Inswrdnce Co. v. Marshall, 29 Vt. 23 ; Shepherd v. Beede, 24 Vt. 40. The motion to dismiss was properly overruled for the reason that the suit was predicated upon the assessments which are less than one…

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Assumpsit for the amount of assessments on a premium note of an insurance company. The note was'for $147. The assesments that had accrued at the ’ timé the suit was brought, amounted to less than $100. The case is stated in the opinion of the court. cited Farmer's Mutual Fire Inswrdnce Co. v. Marshall, 29 Vt. 23 ; Shepherd v. Beede, 24 Vt. 40. The motion to dismiss was properly overruled for the reason that the suit was predicated upon the assessments which are less than one hundred dollars. Washington County M. Ins. Co. v. Miller, 26 Vt. 77. By an express provision in the charter of the…

1Opinion of the CourtPierpoint, J.

This case come up by appeal from a judgment rendered by a justice of the peace.

The action is based upon what is commonly called a premium note, which was executed by the defendant to the plaintiff, upon his having his property insured by the plaintiff’s company, and on which assessments were to be made, from time to time, of such sums as should be required, to pay the defendants ■ proportion of such losses as the company should sustain by fire, the defendant upon being insured becoming a member of the company.

The note was for $147. The amount of the assessments, that had been made at thetime…

2Cases cited1 opinion

  1. Farmers' Mutual Fire Insurance v. MarshallSupreme Court of Vermont · 1856

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