N. Sheldon & Co. v. Hartford Fire Insurance
Supreme Court of Connecticut
This was an action on a policy of insurance, to recover the sum of 7,000 dollars, insured against loss by fire,'on a woolen mill, stock and machinery, owned by the plaintiffs. The defendants pleaded the general(issue, with notice of special matter, to be given in evidence.
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This was an action on a policy of insurance, to recover the sum of 7,000 dollars, insured against loss by fire,'on a woolen mill, stock and machinery, owned by the plaintiffs. The defendants pleaded the general(issue, with notice of special matter, to be given in evidence. The cause was tried at Hartford, April term, 1853. On the trial, the plaintiffs introduced in evidence the policy of insurance, on which the action was brought, the execution of the same being admitted by the defendants. It was also conceded,that the loss complained of, andfor which a recovery was sought, had occurred,"and…
1Opinion of the CourtEllsworth, J.
Three questions are presented for our
consideration. 1. The propriety of introducing parol'testimony ; 2. The incompleteness of the contract of insurance ; 3. The non-payment of the premium. The two last are resolved chiefly, if not entirely, into questions of fact, for the jury, which we shall not discuss, since some evidence was properly before them, for their consideration. Jf they have mistaken its force, this motion will not give the defendants redress. As to the first question, we think there must be a new trial.
The defendants claim, that the entire contract has been reduced to writing;…
2Cited by15 opinions
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- Thomas v. Fame InsuranceIllinois Supreme Court · 1883
- Hanover Fire Insurance v. GustinNebraska Supreme Court · 1894
- McCain v. Hartford Live Stock InsuranceSupreme Court of North Carolina · 1925
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