Farrell v. American Employers' Liability Ins.
Supreme Court of Vermont
Assumpsit. Plea, the general issue. Trial by jury at the March term, 1895, Rutland county, Thompson, J., presiding. Verdict and judgment for the plaintiff. The defendant excepts. The suit was upon a policy of accident insurance. The alleged accident resulted in the death of the insured, and this suit was brought by his wife.
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Assumpsit. Plea, the general issue. Trial by jury at the March term, 1895, Rutland county, Thompson, J., presiding. Verdict and judgment for the plaintiff. The defendant excepts. The suit was upon a policy of accident insurance. The alleged accident resulted in the death of the insured, and this suit was brought by his wife. The material parts of the policy were as follows : “This policy witnesseth, that in consideration of the warranties contained in the application therefor, and of an order of moneys therein specified on C. V. R. R., the American Employers’ Liability Insurance Co.…
1Opinion of the CourtRoss, C. J.
The defendant in this court, is confined to a consideration of the same variances to which he called the attention of the county court, unless they go to the right of the action. The county court did not determine, and. could commit error in regard to no other variances. It. there claimed :
First. That a variance existed between the consideration set forth in the declaration, and the consideration in the policy. The consideration alleged in the declaration is “the warranties contained in the application,” and “the order for money on the Central Vermont Railroad Company.” The policy states that…
2Cases cited6 opinions
- Baker v. . the Union Mutual Life Ins. Co.New York Court of Appeals · 1871
- Pitt v. Berkshire Life InsuranceMassachusetts Supreme Judicial Court · 1868
- Cooledge v. Continental Ins.Supreme Court of Vermont · 1894
- Allen v. GoffSupreme Court of Vermont · 1841
- Ammel v. NoonarSupreme Court of Vermont · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Patterson's Admr. v. Modern Woodmen of AmericaSupreme Court of Vermont · 1915
- Continental Casualty Co. v. VinesSupreme Court of Alabama · 1918
- Washington Fidelity Nat. Ins. Co. v. WilliamsCourt of Appeals of Texas · 1930
- Roseberry v. Home Life InsuranceSuperior Court of Pennsylvania · 1935
- Washington Fidelity Nat. Ins. Co. v. WilliamsCourt of Appeals of Texas · 1930