Donahue v. Windsor County M. Fire Ins.
Supreme Court of Vermont
Assumpsit on a policy of insurance. Pleas, general issue, special pleas, replication and rejoinder. Trial by jury, March Term, 1881, Washington County, Powers, J., presiding. Judg-. ment for the plaintiff.
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Assumpsit on a policy of insurance. Pleas, general issue, special pleas, replication and rejoinder. Trial by jury, March Term, 1881, Washington County, Powers, J., presiding. Judg-. ment for the plaintiff. The plaintiffs gave evidence tending to prove- that the plaintiff Donahue cut a quantity of hay on the Hurley farm, in Berlin, and put it in a bay and on a scaffold in the barn on said farm, during the haying, season of 1879; that one Fisk cut another quantity of bay on said farm during said season, and put the same in part in a slied adjoining and built on to one end of the barn, and also…
1Opinion of the Court
The opinion of the court was delivered by
Tart, J.
The exceptions insisted upon by the defendant, are those taken to the refusal of the court to direct a verdict, and the charge of the court in respect to notice, proofs of loss, and the time of commencing the action.
All others are waived.
The motion to direct a verdict, so far as pertinent, was as follows:
“ We ask the court to direct a verdict for defendant, because:
I. No notice in writing was forthwith after the fire given to the defendant’s office, as required by s. 1, Art. 7, of the defendant’s by-laws.
*378The only notice given by the plaintiffs…
2Cases cited16 opinions
- The Columbia Insurance Company of Alexandria, in Error v. Joseph W. Lawrence, Who Survived Thomas PoindexterSupreme Court of the United States · 1836
- Phillips v. Protection InsuranceSupreme Court of Missouri · 1851
- Saint Louis Insurance v. KyleSupreme Court of Missouri · 1848
- Inman v. Western Fire InsuranceNew York Supreme Court · 1834
- Peoria Marine & Fire Insurance v. LewisIllinois Supreme Court · 1857
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- Parker v. Middlesex Mutual Assurance Co.Massachusetts Supreme Judicial Court · 1901
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