Brown v. Vermont Mutual Fire Insurance
Supreme Court of Vermont
Assumpsit on a fire insurance policy. Plea, tbe general issue. Trial by tbe Orleans County Municipal Court, H. B. Cushman, .Judge. Judgment for the plaintiff. The defendant excepted. The opinion states the case. The settlement with the railroad company, and the receipt executed to it is a bar to this suit. Sims v. Mutual Ins. Co., 101 Wis. 586; Niagara Ins. Co. v. Fidelity Co., 123 Pa. St. 516; Pelzer Mfg. Co. v. Sun Fire Office, 36 S. C. 213; Ins.
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Assumpsit on a fire insurance policy. Plea, tbe general issue. Trial by tbe Orleans County Municipal Court, H. B. Cushman, .Judge. Judgment for the plaintiff. The defendant excepted. The opinion states the case. The settlement with the railroad company, and the receipt executed to it is a bar to this suit. Sims v. Mutual Ins. Co., 101 Wis. 586; Niagara Ins. Co. v. Fidelity Co., 123 Pa. St. 516; Pelzer Mfg. Co. v. Sun Fire Office, 36 S. C. 213; Ins. Co. of No. Am. v. Fidelity etc. Co., 123 Pa. St. 523. The settlement in question, being for only that part of the loss in excess of the insurance,…
1Opinion of the CourtPowers, J.
The plaintiff’s barn and its contents were insured for two hundred and fifty dollars by the defendant company. In June, 1908, by a fire communicated thereto by a locomotive of the Boston & Maine Railroad, they were totally destroyed, resulting in a loss to the plaintiff of at least six hundred dollars. After the fire, the plaintiff effected a settlement with the railroad evidenced by a writing then executed by him of which the following is a copy:
“Boston & Maine Railroad, September 18, 1908,
To John H. Brown, Barton Landing, Vt., Dr.
For barn and contents destroyed by fire communicated by your…
2Cases cited9 opinions
- Connecticut Fire Insurance v. Erie Railway Co.New York Court of Appeals · 1878
- Atchison, Topeka & Santa Fe Railroad v. Home InsuranceSupreme Court of Kansas · 1898
- Fletcher v. JacksonSupreme Court of Vermont · 1851
- Packham v. German Fire Ins., Co.Court of Appeals of Maryland · 1900
- Cushman & Rankin Co. v. Boston & Maine RailroadSupreme Court of Vermont · 1909
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Bliss v. Moore StoughtonSupreme Court of Vermont · 1941
- Great American Insurance Company v. WattsSupreme Court of Oklahoma · 1964
- Hilley v. Blue Ridge InsuranceSupreme Court of North Carolina · 1952
- Sharp v. BannonCourt of Appeals of Kentucky (pre-1976) · 1953
- Gerlach v. Grain Shippers Mutual Fire InsuranceSupreme Court of Iowa · 1912
5 more not listed; retrieve them via the Exa API.