Legal Opinion

Motley v. Manufacturers' Insurance

Supreme Judicial Court of Maine

Decided April 15, 1849PublishedCited by 17 opinions

Assumpsit on a policy of insurance. It came before the-Court upon a statement of facts. In 1346, one Ryerson mortgaged to the plaintiff the tavern stand and lot upon which the property insured stood, to secure three thousand dollars. Soon after this mortgage, Ryerson leased the property to S. Ryerson and L. Stowell, for a term of years, and among the covenants on the part of the lessees, was one to keep the property fully insured.

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Assumpsit on a policy of insurance. It came before the-Court upon a statement of facts. In 1346, one Ryerson mortgaged to the plaintiff the tavern stand and lot upon which the property insured stood, to secure three thousand dollars. Soon after this mortgage, Ryerson leased the property to S. Ryerson and L. Stowell, for a term of years, and among the covenants on the part of the lessees, was one to keep the property fully insured. The policy in suit was procured by the said lessees, and the company was to make good to them the amount insured, but 'jyíi Í.-- Oh?; .OítJ C 1 ~~ *1 therein was…

1Opinion of the Court

,, Howard,- J.

This is án action of assumpsit oñ a policy of insurance, not under seal. By the statement of facts, if appears that N. Ryerson mortgaged to the plaintiff,-Sépténiber *33924, 1846, a tavern stand, and lot upon which the, buildings and property insured, stood, to secure the payment oí, three thous- and dollars ; that there is still due upon the mortgage more than the amount of the loss proved or claimed ; and that the mortgager leased the premises to S. Ryerson and L. Stowell., October 22, 1846, jointly, for five years ; the lessees stipulating- to pay a fixed amount annually, and…

2Cases cited9 opinions

  1. Carpenter v. Providence Washington InsuranceSupreme Court of the United States · 1842
  2. Columbian Insurance Co. of Alexandria v. LawrenceSupreme Court of the United States · 1829
  3. Ætna Fire Insurance v. TylerCourt for the Trial of Impeachments and Correction of Errors · 1836
  4. Felton v. DickinsonMassachusetts Supreme Judicial Court · 1813
  5. Schemerhorn v. VanderheydenNew York Supreme Court · 1806

4 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Sheppard v. BridgesSupreme Court of Georgia · 1912
  2. Blasingame v. Home Ins. Co. of City of N.Y.California Supreme Court · 1888
  3. Capital City Insurance v. JonesSupreme Court of Alabama · 1900
  4. Home v. SellingOregon Supreme Court · 1919
  5. Westchester Fire Insurance v. FosterIllinois Supreme Court · 1878

12 more not listed; retrieve them via the Exa API.

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