Legal Opinion

Wertheim v. Fidelity & Casualty Co.

Supreme Court of Vermont

Decided June 19, 1900PublishedCited by 6 opinions

General assumpsit brought by the plaintiff as administratrix of Aaron Wertheim, deceased, to recover of the defendant on an insurance policy. Plea, the general issue. Trial by court, Chittenden County, March Term, 1900, Taft, C. J., presiding. The questions in the case were raised by objections to the evidence in behalf of the plaintiff made by the defendant on the ground that the evidence was inadmissible under the declaration.

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General assumpsit brought by the plaintiff as administratrix of Aaron Wertheim, deceased, to recover of the defendant on an insurance policy. Plea, the general issue. Trial by court, Chittenden County, March Term, 1900, Taft, C. J., presiding. The questions in the case were raised by objections to the evidence in behalf of the plaintiff made by the defendant on the ground that the evidence was inadmissible under the declaration. The court overruled the objections pro forma, and rendered a proforma judgment for the plaintiff. The defendant excepted.

1Opinion of the CourtTaft, C. J.

In this action the plaintiff seeks to recover upon a policy of insurance against accident. The plaintiff’s intestate was insured 10 February, 1899, and died the following month, his death being caused by an accident resulting from the kick of a horse, 15 February, 1899.. The only question presented in the case is whether the testimony offered in support of the plaintiff’s claim, such as the policy of insurance, testimony as to the accident and the resulting death of the intestate therefrom, might properly be admissible under the declaration. The declaration contained the general counts in…

2Cases cited2 opinions

  1. Bradley v. PhillipsSupreme Court of Vermont · 1880
  2. Beach v. DorwinSupreme Court of Vermont · 1840

3Cited by6 opinions

  1. Patterson's Admr. v. Modern Woodmen of AmericaSupreme Court of Vermont · 1915
  2. Schlitz v. Lowell Mutual Fire InsuranceSupreme Court of Vermont · 1923
  3. Server v. LangSupreme Court of Vermont · 1918
  4. Hersey v. Northern Assurance Co.Supreme Court of Vermont · 1903
  5. Estabrooks v. Fidelity Mutual Fire InsuranceSupreme Court of Vermont · 1902

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