Findeisen v. Metropole Fire Ins.
Supreme Court of Vermont
Assumpsit upon a policy of insurance issued to the plaintiff, Katharina M. Eindeisen, wife of said John G. Eindeisen. Heard on a referee’s report, April Term, 1884, Taft, J., presiding. Judgment for the plaintiff. The defendant’s counsel claimed, with other claimed defects in the proof of loss, sufficiently stated in the opinion, that the magistrate’s certificate attached to the proof was not in accordance with the conditions of the policy or the printed form of proof.
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Assumpsit upon a policy of insurance issued to the plaintiff, Katharina M. Eindeisen, wife of said John G. Eindeisen. Heard on a referee’s report, April Term, 1884, Taft, J., presiding. Judgment for the plaintiff. The defendant’s counsel claimed, with other claimed defects in the proof of loss, sufficiently stated in the opinion, that the magistrate’s certificate attached to the proof was not in accordance with the conditions of the policy or the printed form of proof. The eighth clause of the conditions was : “Persons sustaining loss or damage by fire, shall forthwith give notice of said…
1Opinion of the Court
*524The opinion of the court was delivered by
Royce, Ch. J.
This is an action of assumpsit on a policy of'fire insurance, and comes up on the report of a referee, upon which the court below rendered a judgment for the plaintiffs.
The defendant relies upon various specified defects in the proof of loss submitted by the assured; and in reply it is insisted, first, that the declarations of Gray, the special agent of the company sent to adjust the loss, which were made to the plaintiff, John G. Findeisen, and were, according to the referee’s findings, “that the claim against the company was worthless,…
2Cases cited3 opinions
- Lyon v. Travelers' InsuranceMichigan Supreme Court · 1884
- Mosley v. Vermont Mutual Fire InsuranceSupreme Court of Vermont · 1882
- Appleton Iron Co. v. British America Assurance Co.Wisconsin Supreme Court · 1879
3Cited by15 opinions
- Tyrrell v. Prudential Insurance Co. of AmericaSupreme Court of Vermont · 1937
- Smith v. Niagara Fire InsuranceSupreme Court of Vermont · 1887
- Peninsular Land Transportation & Manufacturing Co. v. Franklin Insurance Co.West Virginia Supreme Court · 1891
- Dale v. Continental InsuranceTennessee Supreme Court · 1895
- Barber v. VintonSupreme Court of Vermont · 1909
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