Bragdon v. Appleton Mutual Fire Insurance
Supreme Judicial Court of Maine
On Exceptions from Nisi Prius, Cutting, J., presiding. This was an action of assumpsit upon two contracts of insurance alleged to have been made by the defendants. They filed specifications of defence, and pleaded the general issue. The plaintiffs introduced deeds and other evidence tending to prove that the female plaintiff was the owner in fee of the property destroyed by fire, at the time the contracts were alleged to have been made, and at the time of the loss.
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On Exceptions from Nisi Prius, Cutting, J., presiding. This was an action of assumpsit upon two contracts of insurance alleged to have been made by the defendants. They filed specifications of defence, and pleaded the general issue. The plaintiffs introduced deeds and other evidence tending to prove that the female plaintiff was the owner in fee of the property destroyed by fire, at the time the contracts were alleged to have been made, and at the time of the loss. They also introduced evidence for the purpose of showing the manner in which the insurance was effected and through what agents.…
1Opinion of the CourtTenney, C. J.
The nonsuit, in this action, was directed by the Judge, after the evidence on both sides had been presented to the jury. To this direction, the plaintiffs excepted.
After the plaintiff in an action has adduced the evidence on which he relies for its maintenance, the presiding Judge may order a nonsuit, without being moved by the defendant to do so. But to such order, the plaintiff is entitled to his exceptions. But the refusal to direct a nonsuit, upon motion, is not subject to exceptions.
If evidence is introduced in defence, the truth of this evi*261dence, if favorable to the defendant, cannot be…
2Cited by8 opinions
- American Employers' Liability Insurance v. FordyceSupreme Court of Arkansas · 1896
- Western Assurance Co. v. McAlpinIndiana Court of Appeals · 1899
- Smith v. Provident Sav. Life Assur. Soc.Court of Appeals for the Sixth Circuit · 1895
- Union Central Life Insurance v. PaulyIndiana Court of Appeals · 1893
- Hartford Fire Insurance v. WilcoxIllinois Supreme Court · 1870
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