Cooledge v. Continental Ins.
Supreme Court of Vermont
Assumpsit upon a policy of fire insurance. Plea, the general issue. Trial by jury at the June term, 1893, Bennington county, Thompson, J., presiding. Verdict and judgment for the plaintiff. The defendant excepts.
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Assumpsit upon a policy of fire insurance. Plea, the general issue. Trial by jury at the June term, 1893, Bennington county, Thompson, J., presiding. Verdict and judgment for the plaintiff. The defendant excepts. The plaintiff called her husband, F. H. Cooledge, as a witness, and the exceptions stated that “against the objection and exception of the defendant, the court allowed him to testify that he was the agent of his wife, the plaintiff, in the purchasing of goods and carrying on the business at the store insured; that the schedules attached to the proofs of loss were correct as to items,…
1Opinion of the CourtTaft, J.
I. It is stated in the record that, under objection and exception, the plaintiff’s husband testified that he was the agent of his wife. It is insisted this was error ; that it was necessary before he could testify, to establish his agency by other testimony than his own, according to the rule stated in Sanborn v. Cole, 63 Vt. 590. As showing the exception, the testimony is referred to, and upon an examination of it, it appears that the question was not made upon the trial. Therefore it is not before us.-
II. The. defendant claims there was a variance in three respects, between the contract…
2Cases cited7 opinions
- Tripp v. Vermont Life InsuranceSupreme Court of Vermont · 1882
- Day v. Hawkeye Ins.Supreme Court of Iowa · 1887
- Estes v. WhippleSupreme Court of Vermont · 1840
- Sanborn v. ColeSupreme Court of Vermont · 1891
- Ammel v. NoonarSupreme Court of Vermont · 1878
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Aetna Life Insurance v. MilwardCourt of Appeals of Kentucky · 1904
- Patterson's Admr. v. Modern Woodmen of AmericaSupreme Court of Vermont · 1915
- Germania Fire Ins. Co. v. BarringerSupreme Court of Oklahoma · 1914
- Larson v. First National Bank of PenderNebraska Supreme Court · 1902
- Powers v. New England Fire InsuranceSupreme Court of Vermont · 1896
3 more not listed; retrieve them via the Exa API.