Treadway v. Hamilton Mutual Insurance
Supreme Court of Connecticut
Assumpsit, on a policy of insurance. On the trial in the superior court, after the plaintiff’s evidence was in, the defendants moved for a nonsuit of the plaintiff, which the court granted. The plaintiff afterwards moved that the nonsuit be set aside, but the court refused to grant the motion, and the plaintiff brought the case before this court by motion in error.
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Assumpsit, on a policy of insurance. On the trial in the superior court, after the plaintiff’s evidence was in, the defendants moved for a nonsuit of the plaintiff, which the court granted. The plaintiff afterwards moved that the nonsuit be set aside, but the court refused to grant the motion, and the plaintiff brought the case before this court by motion in error. The motion set out the entire evidence, but as the case was decided here upon a single point, which can be sufficiently understood from the facts stated in the opinion, the statement of the evidence is omitted.
1Opinion of the CourtSanford, J.
The defendant is a mutual insurance company, incorporated by the legislature of Massachusetts. By the reception of his policy the plaintiff became a member of that corporation, and, as such member, was bound to take notice of and observe its by-laws. Angell on Ins., § 10. Upon the face of the policy also, the conditions and regulations of the charter and by-laws of the company are declared to be a part of the contract of insurance. The sixth article of the by-laws, provides that the application upon which a policy is founded shall be held to be a warranty on the part of the insured, and as…
2Cited by12 opinions
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