N. H. Mutual Fire Ins. v. Hunt
Superior Court of New Hampshire
Assumpsit, on a contract, of which the following is a copy: “ Policy No. 14586, for §3000; premium note f300, dated February 17, 1841, issued by the New Hampshire Mutual Fire Insurance Company, to Noah Wyeth, having been assigned to us, in consideration thereof, we hereby promise to pay said company, or to their treasurer for the time being, all assessments hereafter made against said policy. Israel Hunt, Jr. Jesse Estey.
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Assumpsit, on a contract, of which the following is a copy: “ Policy No. 14586, for §3000; premium note f300, dated February 17, 1841, issued by the New Hampshire Mutual Fire Insurance Company, to Noah Wyeth, having been assigned to us, in consideration thereof, we hereby promise to pay said company, or to their treasurer for the time being, all assessments hereafter made against said policy. Israel Hunt, Jr. Jesse Estey. Hated November 3,1845.” The second count was upon an account annexed to the writ, as follows: u 1851, September 30. To amount of assessment of 1846, for losses from November…
1Opinion of the CourtEastman, J.
The only question that is distinctly presented by this case as drawn is, whether the surrender of the original premium-note, given by Wyeth on the issuing of the policy, and signed by Munroe as his surety, operated to discharge the defendant from his liability to pay the assessments made against the policy. But in the argument of the case, the first position taken by counsel is, that there is a variance between the first count in the declaration and the evidence offered to support it. The declaration, the charter and by-laws having been made a part of the case, this question is, perhaps,…
2Cases cited1 opinion
- Mitchell v. GileSuperior Court of New Hampshire · 1841