Battles v. York Co. Mutual Fire Ins.
Supreme Judicial Court of Maine
On Report from Nisi Prius, Cutting, J., presiding. This was an action of assumpsit upon a policy of insurance, bearing date January 17, 1854. The original application is made a part of the case, and is dated January 14, 1854. It is admitted that the buildings insured wore burned May 14, 1854, and the notice of the loss is dated May 15, 1854. The writ bears date September 21, 1854. At the trial, the defendants pleaded the general issue, and filed a brief statement, which…
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On Report from Nisi Prius, Cutting, J., presiding. This was an action of assumpsit upon a policy of insurance, bearing date January 17, 1854. The original application is made a part of the case, and is dated January 14, 1854. It is admitted that the buildings insured wore burned May 14, 1854, and the notice of the loss is dated May 15, 1854. The writ bears date September 21, 1854. At the trial, the defendants pleaded the general issue, and filed a brief statement, which makes a part of the case. It appears by the policy, that the sum of eighteen hundred dollars was insured on the tavern stand…
1Opinion of the CourtRice, J.
Section 11, of the defendants’ charter, reads as follows: — “ Said company may make insurance for any term not exceeding six years; and any policy of insurance issued by said company, signed by the president, and countersigned by the secretary, shall be deemed valid and binding on said company in all cases where the assured had a title in fee simple, unincumbered, to the building, buildings or property insured, and to the land covered by said buildings; but if the assured has a less estate therein, or if the property or premises are incumbered, policies shall be void, unless the true title of…
2Cited by5 opinions
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- Eddy Street Iron Foundry v. Hampden Stock & Mut. Fire Ins.U.S. Circuit Court for the District of Rhode Island · 1859
- Throop v. North American Fire InsuranceMichigan Supreme Court · 1870
- Sun Fire Office v. WichColorado Court of Appeals · 1895