Mosley v. Vermont Mutual Fire Insurance
Supreme Court of Vermont
Assumpsit upon two policies of insurance. Trial by jury, June Term, Addison County, 1881, Pierpoint, Ch. J., presiding. Verdict for the plaintiff. The facts are sufficiently stated in the opinion of the court. The contracts provide that the keeping of gunpowder for sale or on storage upon or in the premises insured without permission granted in the policies renders them void. No permission was granted or inserted in the policies.
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Assumpsit upon two policies of insurance. Trial by jury, June Term, Addison County, 1881, Pierpoint, Ch. J., presiding. Verdict for the plaintiff. The facts are sufficiently stated in the opinion of the court. The contracts provide that the keeping of gunpowder for sale or on storage upon or in the premises insured without permission granted in the policies renders them void. No permission was granted or inserted in the policies. It was conceded that he kept it in his store for sale and had sold it as he had call for it. This was in direct violation of the express terms of the contracts, and…
1Opinion of the Court
The opinion of the court was delivered by
Royce, Ch. J.
This was an action of assumpsit, declaring upon two policies of insurance issued by the defendant to the plaintiff. One of said policies is for $800, expressed to be “ on dry goods and groceries in building described in Bridport ” ; and the other, for $1,600, “on goods in building described in Bridport.” The policies have printed upon them, under the head of “ extracts from the by-laws,” certain conditions which are made a part of the contract of insurance, and among these “ extracts ” are the following :
“ The keeping of gunpowder for sale…
2Cases cited16 opinions
- Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
- Ætna Fire Insurance v. TylerCourt for the Trial of Impeachments and Correction of Errors · 1836
- Brink v. . Hanover Fire Ins. Co.New York Court of Appeals · 1880
- Goodwin v. Massachusetts Mutual Life InsuranceNew York Court of Appeals · 1878
- Kernochan v. . the New-York Bowery Fire Insurance CompanyNew York Court of Appeals · 1858
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3Cited by24 opinions
- Travelers Insurance v. SheppardSupreme Court of Georgia · 1890
- Tyrrell v. Prudential Insurance Co. of AmericaSupreme Court of Vermont · 1937
- Hanover Fire Insurance v. B. C. Lewis & SonsSupreme Court of Florida · 1891
- Davidson v. Massachusetts Casualty InsuranceMassachusetts Supreme Judicial Court · 1949
- State v. LapanSupreme Court of Vermont · 1928
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