Ring v. Windsor County Mutual Fire Insurance
Supreme Court of Vermont
Assumpsit on a policy of insurance, insuring a saw-mill and machinery therein in Hinesburgh against fire. Plea, general issue, and notice of special matter. Trial by jury, May Term, 1878, Barrett, J., presiding. The plaintiffs proved title to the property insured, and introduced the policy in evidence ; and the application, which was in writing, signed by the plaintiffs, went into the case as part of the policy.
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Assumpsit on a policy of insurance, insuring a saw-mill and machinery therein in Hinesburgh against fire. Plea, general issue, and notice of special matter. Trial by jury, May Term, 1878, Barrett, J., presiding. The plaintiffs proved title to the property insured, and introduced the policy in evidence ; and the application, which was in writing, signed by the plaintiffs, went into the case as part of the policy. Among the questions put to the applicants in the printed part of the application was the question, “ Is the property incumbered ?” The written answer thereto was, “ Yes, to Chas.…
1Opinion of the Court
The opinion of the court was delivered by
Powers, J.
The exceptions show that on the trial in the County Court the plaintiffs made proofs entitling them, prima facie, to recover. The plaintiffs’ counsel thereupon made an opening statement to the jury, setting.forth certain facts relating to an erroneous representation in the application, which he would offer in evidence, and the defendant insisted that these facts could not ■be shown, inasmuch as the proposed evidence tended to vary the language of the application.
A colloquy arose between court and counsel in relation to the proposed evidence,…
2Cases cited1 opinion
- Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
3Cited by8 opinions
- Western Nat. Ins. Co. v. MarshSupreme Court of Oklahoma · 1912
- State Ins. v. JordanNebraska Supreme Court · 1890
- New York Life Ins. v. RussellCourt of Appeals for the Eighth Circuit · 1896
- Wilson v. Commercial Union Assurance Co.Supreme Court of Vermont · 1916
- Tarbell v. Vt. Mutual Fire Ins.Supreme Court of Vermont · 1890
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