Campbell v. Hamilton Mutual Ins.
Supreme Judicial Court of Maine
On agreed statement by the parties. This .was an action of assumpsit on a policy of insurance against loss by ñre. Oii the fifteenth day of May, A. D. 1858, the plaintiff effected an insurance in the defendant company on his furniture for the sum of fifty dollars, and also on his interest as mortgager on his dwelling-house, barn and shed adjoining, to the amount of three hundred dollars, said property being in Brunswick, said insurance to continue for the term of five years…
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On agreed statement by the parties. This .was an action of assumpsit on a policy of insurance against loss by ñre. Oii the fifteenth day of May, A. D. 1858, the plaintiff effected an insurance in the defendant company on his furniture for the sum of fifty dollars, and also on his interest as mortgager on his dwelling-house, barn and shed adjoining, to the amount of three hundred dollars, said property being in Brunswick, said insurance to continue for the term of five years to May 15th, A. D. .1863. All the property so insured, was destroyed by fire on the tenth day of September, A. D. 1860.…
1Opinion of the Court
The opinion of the Court was drawn up by
Apuleton, C. J.
The policy in the case before us, by its terms, is "accepted by tho insured, subject at all times to the conditions and regulations of the Act of Incorporation and By-laws of said company, which conditions and regulations are hereby declared to form a part hereof.”
It is provided by the By-laws, Art. 15th, that "when any property insured shall be alienated or incumbered by sale, mortgage, assignment, bond or otherujise, the policy shall thereupon be void;” and, by Art. 19th, "policies void in part shall be void in the whole.”
It was held,…
2Cited by3 opinions
- Bailey v. American Cent. Ins.United States Circuit Court · 1882
- Lambert v. New England Fire InsuranceSupreme Judicial Court of Maine · 1952
- Caddo Holding Corporation v. MorrowCourt of Appeals of Texas · 1931