Kelsea v. Phoenix Insurance
Supreme Court of New Hampshire
Assumpsit, on a fire insurance policy placed by defendants on plaintiff’s saw mill and machinery. Trial by jury and verdict for the defendants. The policy was issued April 24, 1914, by Geo. M. Stevens & Son Co., agents at Lancaster, through John H. Finley, their local agent at Colebrook, and was for one year.
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Assumpsit, on a fire insurance policy placed by defendants on plaintiff’s saw mill and machinery. Trial by jury and verdict for the defendants. The policy was issued April 24, 1914, by Geo. M. Stevens & Son Co., agents at Lancaster, through John H. Finley, their local agent at Colebrook, and was for one year. The property insured was destroyed by fire January 29, 1915. Proof of loss was duly made and filed with the defendants February 19, 1915. No adjustment or payment of the loss has ever been made by the defendants. The defendants rested their defence upon the ground that the policy, which…
1Opinion of the CourtPlummer, J.
The exceptions of the plaintiff to the denial of his motions for a verdict and judgment cannot be sustained. The defendants’ evidence tended to prove that Finley, who represented the defendants, notified the plaintiff that the insurance companies would not continue to carry the insurance on his mill because it was not running and requested a return of his policies; that Finley afterwards saw the plaintiff in Colebrook, and asked him if he had brought the policies, the plaintiff replied that he had not, and inquired of Finley in reference to writing to some one, and Finley said that he had,…
2Cases cited10 opinions
- Story v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1900
- State v. AlbeeSupreme Court of New Hampshire · 1881
- Greenfield v. KennettSupreme Court of New Hampshire · 1898
- Hallock v. YoungSupreme Court of New Hampshire · 1904
- Perry v. Dwelling-House InsuranceSupreme Court of New Hampshire · 1892
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3Cited by4 opinions
- Cote v. MichouSupreme Court of New Hampshire · 1921
- Bradford Electric Light Co. v. ClapperCourt of Appeals for the First Circuit · 1931
- Kerzty v. WardymkaSupreme Court of New Hampshire · 1929
- U. S. Fidelity & Guaranty Co. v. Travelers Insurance Co.Louisiana Court of Appeal · 1958