Philbrook v. New England Mutual Fire Insurance
Supreme Judicial Court of Maine
On Report from Nisi Prius, Wells, J., presiding. Assumpsit upon a policy of insurance against fire. After the evidence had all been presented, the case was submitted to the Court, with power to draw inferences of fact, and to enter judgment of nonsuit or default, as the principles of law may require. By the consideration of the Court, the evidence established the following facts:— The defendants are a corporation established by a statute of the State of New Hampshire.
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On Report from Nisi Prius, Wells, J., presiding. Assumpsit upon a policy of insurance against fire. After the evidence had all been presented, the case was submitted to the Court, with power to draw inferences of fact, and to enter judgment of nonsuit or default, as the principles of law may require. By the consideration of the Court, the evidence established the following facts:— The defendants are a corporation established by a statute of the State of New Hampshire. Moses Emery owned a hotel in Saco, called the Thornton House. An L part and a hall either constituted a part of the hotel, or…
1Opinion of the CourtTenney, J.
— The defendants do not deny, that a prima Jade case has been made out against them, by their policy to Moses Emery and the assignment thereof to the plaintiff and the loss of the property, together with the preliminary proofs required by the Act of incorporation and by-laws, which make a part of the policy. But they do deny their liability, on the ground, that subsequent to their contract of insurance, and the assignment of the same, the plaintiff obtained at the office of the “ Lowell Traders’ and Mechanics’ Mutual Eire Insurance Company,” duly incorporated and organized, an insurance of…
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