McGowan v. People's Mutual Fire Ins.
Supreme Court of Vermont
. Heard at the September Term, 1880, Rutland County, Veazey, Chancellor, on bill, answer and the report of a special master. The chancellor, pro forma, ordered and decreed that the orator was entitled to recover the sum of $752.25, interest and costs; and that a decree be entered according to the prayer of the bill, which was, in part, that the said “ insurance company may be compelled to accept and approve of said mortgage upon said premises.”
Read the full summary
. Heard at the September Term, 1880, Rutland County, Veazey, Chancellor, on bill, answer and the report of a special master. The chancellor, pro forma, ordered and decreed that the orator was entitled to recover the sum of $752.25, interest and costs; and that a decree be entered according to the prayer of the bill, which was, in part, that the said “ insurance company may be compelled to accept and approve of said mortgage upon said premises.” The facts are sufficiently stated in the opinion of the court. Here the by-law sets no time within which a representation of the alienation by…
1Opinion of the Court
The opinion of the court was delivered by
Taft, J.
The policy in question contained the following provision:
“ Whenever any one hereafter insured shall alienate conditionally, by mortgage, his policy shall be void, unless he shall make *214a representation thereof in writing to the secretary, stating the amount, and to whom mortgaged, and the cash value of lands and buildings separately, and when approved by a director, the secretary shall enter a minute thereof on the record of said policy and forward to the insured a certificate thereof.”
The assured mortgaged the real estate covered by the policy…
2Cases cited12 opinions
- Hartford Fire Insurance v. WalshIllinois Supreme Court · 1870
- Loehner v. Home Mutual InsuranceSupreme Court of Missouri · 1852
- Koontz v. Hannibal Savings & InsuranceSupreme Court of Missouri · 1868
- Bowman v. Franklin Fire InsuranceCourt of Appeals of Maryland · 1874
- Hinman v. Hartford Fire InsuranceWisconsin Supreme Court · 1874
7 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Southern Fire Insurance v. KnightSupreme Court of Georgia · 1900
- Parsons, Rich & Co. v. LaneSupreme Court of Minnesota · 1906
- Havens v. Home InsuranceIndiana Supreme Court · 1887
- Phenix Insurance v. PickelIndiana Supreme Court · 1889
- Goorberg v. the Western Assurance Co.California Supreme Court · 1907
15 more not listed; retrieve them via the Exa API.