Meriden Savings Bank v. Home Mutual Fire Insurance
Supreme Court of Connecticut
Assumpsit against an insurance company on its contract to pay the loss upon a policy of fire insurance, to the plaintiffs ; brought to the Superior Court. Demurrer by the defendants, and reservation upon the pleadings for the advice of this court. The case is sufficiently stated in the opinion. The case was argued at a former term by P. Sides, in support of the demurrer, and O. S. Platt and J. P. Platt contra.
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Assumpsit against an insurance company on its contract to pay the loss upon a policy of fire insurance, to the plaintiffs ; brought to the Superior Court. Demurrer by the defendants, and reservation upon the pleadings for the advice of this court. The case is sufficiently stated in the opinion. The case was argued at a former term by P. Sides, in support of the demurrer, and O. S. Platt and J. P. Platt contra. The judges having ordered a re-argument, it was argued at the present term by P. Sides for the defendants, and J. P. Platt for the plaintiffs.
1Opinion of the CourtCarpenter, J.
This is an action on a fire insurance policy issued to the owner of the property, the loss being payable to the mortgagees, who bring the action in their own name. The declaration contains two counts. The first is on the policy alone, and is in the usual form, except that it is not brought by the insured. The second count recites the policy, and also a contract with the plaintiffs relating to the policy, known as a mortgage agreement. That agreement is as follows: “In consideration of one dollar received to its full satisfaction, the Home Mutual Fire Insurance Company, of Stafford Springs,…
2Cases cited1 opinion
- Woodbury Savings Bank & Building Ass'n v. Charter Oak Fire & Marine InsuranceSupreme Court of Connecticut · 1860
3Cited by13 opinions
- Syndicate Ins. v. BohnCourt of Appeals for the Eighth Circuit · 1894
- Palmer Savings Bank v. Insurance Co. of North AmericaMassachusetts Supreme Judicial Court · 1896
- Glens Falls Insurance v. PorterSupreme Court of Florida · 1902
- Collinsville Savings Society v. Boston InsuranceSupreme Court of Connecticut · 1905
- Hanover Fire Insurance v. JohnsonIndiana Court of Appeals · 1900
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