Crafts v. Union Mutual Fire Insurance
Supreme Court of New Hampshire
Assumpsit, in the Court of Common Pleas, upon a policy of insurance against fire, originally issued to Martin Crafts, and by him assigned to the plaintiff. A verdict was returned for the plaintiff, to which the defendants excepted, on the ground of alleged erroneous rulings and instructions of the court.
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Assumpsit, in the Court of Common Pleas, upon a policy of insurance against fire, originally issued to Martin Crafts, and by him assigned to the plaintiff. A verdict was returned for the plaintiff, to which the defendants excepted, on the ground of alleged erroneous rulings and instructions of the court. The exceptions were transferred to this court; but prior to any decision upon the exceptions, the defendants moved in the Common Pleas for a new trial, on tbe ground of newly discovered evidence, and the motion was transferred to this court. The nature of the newly discovered evidence, and…
1Opinion of the CourtSawyeR, J.
Upon the trial of this cause the positions taken in the defence were, first, that the assignment of the policy by Martin Crafts to the plaintiff was not completed, so as to render the defendants liable to the plaintiff at the time of the loss ; and, second, that if the policy had been assigned, so as to entitle the plaintiff to maintain the action on that ground, nevertheless the defendants were not liable, by reason of the want of proper notice and statement of the loss.
The ground upon which the first point of the defence rested was, that no such additional security was furnished to the…
2Cases cited5 opinions
- Harrington v. BigelowNew York Supreme Court · 1846
- Moore v. Philadelphia BankSupreme Court of Pennsylvania · 1819
- Town of Middletown v. AdamsSupreme Court of Vermont · 1841
- Kendrick v. DelafieldNew York Supreme Court · 1804
- Halsey v. WatsonNew York Supreme Court · 1803
3Cited by2 opinions
- Francis v. BakerSupreme Court of Rhode Island · 1877
- State v. Robert BreestSupreme Court of New Hampshire · 2017