Estabrooks v. Fidelity Mutual Fire Insurance
Supreme Court of Vermont
Writ or Error to review a judgment rendered for the defendant in error at the June Term, 1900, Caledonia County, Taft, C. J., presiding. The assignments of error are, (1) That judgment should have been for the defendant in the original suit as shown by the record; (2) That the court should have dismissed the new counts. There can be no recovery unless there is a count in the declaration applicable to the cause of action.
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Writ or Error to review a judgment rendered for the defendant in error at the June Term, 1900, Caledonia County, Taft, C. J., presiding. The assignments of error are, (1) That judgment should have been for the defendant in the original suit as shown by the record; (2) That the court should have dismissed the new counts. There can be no recovery unless there is a count in the declaration applicable to the cause of action. That there was no such count in this case is fully determined by Wertheim AdmFx v. Fidelity & Casualty Co., 72 Vt. 326. The defendant in error was allowed to amend his…
1Opinion of the CourtMunson, J.
This is a writ of error. Tire question raised by the first assignment of error is apparent from the record,, and can be revised by this court, although no exception to the judgment was taken. Small v. Haskins, 30 Vt. 172.
The claim of the defendant in error is for certain assessments made upon, an insurance policy held by the plaintiff in error. The original declaration contained only the usual common counts. In Wertheim v. The Fidelity and Casualty Co., *20572 Vt. 326, 47 Atl. 1071, it is said that none of these counts is applicable to a contract of insurance. But it is urged that the ■ result of…
2Cases cited3 opinions
- S. Brodek & Co. v. HirschfieldSupreme Court of Vermont · 1885
- Wertheim v. Fidelity & Casualty Co.Supreme Court of Vermont · 1900
- Small v. HaskinsSupreme Court of Vermont · 1858
3Cited by9 opinions
- State v. BarnettSupreme Court of Vermont · 1939
- Patterson's Admr. v. Modern Woodmen of AmericaSupreme Court of Vermont · 1915
- Derosia v. FerlandSupreme Court of Vermont · 1910
- Schlitz v. Lowell Mutual Fire InsuranceSupreme Court of Vermont · 1923
- Brown v. Vermont Mutual Fire InsuranceSupreme Court of Vermont · 1918
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