Legal Opinion

Wilson v. Ætna Insurance

Supreme Court of Vermont

Decided December 15, 1854PublishedCited by 32 opinions

Insurance. Contract to sue within a limited time. Assumpsit on a policy of insurance, issued by the defendants to the plaintiff on the 1st day of February, 1849, insuring against fire for the term of one year thereafter certain property of the plaintiff which was destroyed by fire, on the 6th day of May, 1849. From the pleadings, which resulted in an issue of law, it appeared that the policy contained upon its face a provision that it was made and accepted hi reference to…

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Insurance. Contract to sue within a limited time. Assumpsit on a policy of insurance, issued by the defendants to the plaintiff on the 1st day of February, 1849, insuring against fire for the term of one year thereafter certain property of the plaintiff which was destroyed by fire, on the 6th day of May, 1849. From the pleadings, which resulted in an issue of law, it appeared that the policy contained upon its face a provision that it was made and accepted hi reference to the conditions thereto annexed, which were to be used and resorted to in order to explain the rights and obligations of…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, Ch. J.

No question seems to be made in the argument, that such contracts, in regard to the time within which the action shall be brought, are binding. Indeed, we do not well see how any could be made. It is clear that the parties might have agreed no action should be brought until after any given time, say one, five, or fifty years, and they would be bound by the limitation. And it is difficult to see how this differs in principle from such a limitation. It is but a limitation as tp the time within which an *102action may be brought, and whether…

2Cases cited1 opinion

  1. Williams v. Vermont Mutual Fire InsuranceSupreme Court of Vermont · 1848

3Cited by32 opinions

  1. Walker v. StrosniderWest Virginia Supreme Court · 1910
  2. Hocking v. Howard InsuranceSupreme Court of Pennsylvania · 1889
  3. Keim v. Home Mutual Fire & Marine InsuranceSupreme Court of Missouri · 1867
  4. Harrison v. Hartford Fire InsuranceSupreme Court of Iowa · 1897
  5. Nute v. Hamilton Mutual InsuranceMassachusetts Supreme Judicial Court · 1856

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