Campbell v. Merchants & Farmers' Mutual Fire-Insurance
Supreme Court of New Hampshire
Assumpsit, on a policy of insurance. Tbe legal and proper organization of tbe company was admitted and tbe due execution of tbe policy. Tbe corporation bad its place of business at Worcester, Mass. Tbe loss occurred on tbe 5tb of February, 1856, and resulted in a total destruction of tbe properly insured, wbieb property was tbe plaintiff’s, and was unincumbered. Tbe company were duly and properly notified of tbe loss.
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Assumpsit, on a policy of insurance. Tbe legal and proper organization of tbe company was admitted and tbe due execution of tbe policy. Tbe corporation bad its place of business at Worcester, Mass. Tbe loss occurred on tbe 5tb of February, 1856, and resulted in a total destruction of tbe properly insured, wbieb property was tbe plaintiff’s, and was unincumbered. Tbe company were duly and properly notified of tbe loss. Tbe property was situated in a brick building known as Patten’s building, in Manchester, in this county. The whole of Patten’s building was consumed at the time of the fire. In…
1Opinion of the CourtEastman, J.
The case agreed upon by the parties shows no fraud in the plaintiff, in effecting the insurance, but the application did not give a full description of the building in which the property insured was situated. It omitted to state that there was a small steam engine in the building, which fact, according to the rules and regulations of the company, would have prohibited the issuing of a policy upon the building itself, and, by implication, upon the property therein.
This regulation or by-law, however, would not make void a policy issued by the directors in contravention of the by-laws, if the…
2Cases cited3 opinions
- Jennings v. Chenango Mutual InsuranceNew York Supreme Court · 1846
- Jefferson Insurance v. H. & D. Cotheal.New York Supreme Court · 1831
- Carpenter v. American Ins.U.S. Circuit Court for the District of Rhode Island · 1839
3Cited by1 opinion
- Hadley v. N. H. Fire InsuranceSupreme Court of New Hampshire · 1875