Legal Opinion

Wood v. Rutland & Addison Mutual Fire Insurance

Supreme Court of Vermont

Decided January 15, 1859PublishedCited by 12 opinions

Assumpsit upon a policy of fire insurance. The declaration set forth in substance that the plaintiff and one Johnson being-partners in trade, on the 13th of August, 1851, procured from the defendants a policy of insurance against loss or damage by fire to the amount of twenty-five hundred dollars on goods in their store, and five hundred dollars on produce in their store and mill adjoining, for six years from that date, and gave the defendants their premium note for three…

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Assumpsit upon a policy of fire insurance. The declaration set forth in substance that the plaintiff and one Johnson being-partners in trade, on the 13th of August, 1851, procured from the defendants a policy of insurance against loss or damage by fire to the amount of twenty-five hundred dollars on goods in their store, and five hundred dollars on produce in their store and mill adjoining, for six years from that date, and gave the defendants their premium note for three hundred and sixty dollars, and paid them ten dollars and eighty cents,- and agreed and became liable to pay such…

1Opinion of the CourtAldis, J.

Nathan Wood and Austin Johnson were partners under the firm of N. Wood & Co. By their articles of partnership Wood had the right, upon a dissolution of their partnership, to take the goods, pay Johnson for them and carry on the business.

On the 13th of August, 1851, the defendants executed to N. Wood & Co. a policy insuring them for six years, five hundred dollars upon grain, and twenty-five hundred dollars upon goods that might be in their store during that time. The agreement as to Wood’s right upon dissolution to buy the goods and continue the business was not stated in the application, nor…

2Cases cited13 opinions

  1. Jefferson Insurance v. H. & D. Cotheal.New York Supreme Court · 1831
  2. Traders' Insurance v. RobertNew York Supreme Court · 1832
  3. Howard v. Albany InsuranceNew York Supreme Court · 1846
  4. Carroll v. Boston Marine InsuranceMassachusetts Supreme Judicial Court · 1812
  5. Peck v. New London County Mutual InsuranceSupreme Court of Connecticut · 1852

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

3Cited by12 opinions

  1. Lincoln Park Arms Building Corp. ex rel. Schroeder v. United States Fidelity & Guaranty Co.Appellate Court of Illinois · 1936
  2. Powers v. New England Fire InsuranceSupreme Court of Vermont · 1897
  3. Antell v. PEARL ASSURANCE CO. LTD.Supreme Court of Minnesota · 1958
  4. Baughman v. Niagara Fire InsuranceSupreme Court of Minnesota · 1925
  5. Hathaway v. State InsuranceSupreme Court of Iowa · 1884

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

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