Moore v. Phœnix Fire Insurance
Supreme Court of New Hampshire
Assumpsit, on a policy of insurance upon the plaintiff’s two-story frame dwelling-house, barn, and shed attached. The property was burned December 20, 1876. The policy, which was dated August 15,1876, contained a clause providing that the same should be “ void if the premises shall become vacant and unoccupied for a period of more than ten days without the consent of the company endorsed on the policy.”
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Assumpsit, on a policy of insurance upon the plaintiff’s two-story frame dwelling-house, barn, and shed attached. The property was burned December 20, 1876. The policy, which was dated August 15,1876, contained a clause providing that the same should be “ void if the premises shall become vacant and unoccupied for a period of more than ten days without the consent of the company endorsed on the policy.” No one lived in the house or on the premises from the latter part of August, 1876, until a short time before the fire. The buildings were situated in the White Mountain Notch, about two miles…
1Opinion of the CourtAllen, J.
The defendants claim that the action cannot be maintained, because it was not commenced in this court within twelve months from the date of loss, as stipulated in the policy. The action was commenced within twelve months of the loss, in the circuit court of the United States. Subsequently, after the lapse of more than twelve months, by agreement of the parties, the suit was transferred to this court. The entry of the action here was not of a new action then first commenced : it was the same action'before begun in the federal court. The agreement to enter the action here and prosecute the…
2Cases cited6 opinions
- Ashworth v. Builders' Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1873
- Cummins v. . Agricultural Insurance Co.New York Court of Appeals · 1876
- Luce v. Dorchester Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1870
- Williams v. . People's Fire Insurance Co.New York Court of Appeals · 1874
- Wustum v. City Fire InsuranceWisconsin Supreme Court · 1862
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Farmers' Alliance Insurance v. FergusonSupreme Court of Kansas · 1908
- Limburg v. German Fire InsuranceSupreme Court of Iowa · 1894
- Republic County Mutual Fire Insurance v. JohnsonSupreme Court of Kansas · 1904
- Cashen v. Camden Fire Ins. Ass'nCourt of Appeals of Tennessee · 1961
- Home Insurance Co. of New York v. BoydIndiana Court of Appeals · 1898
8 more not listed; retrieve them via the Exa API.