Manley v. Vermont Mutual Fire Insurance
Supreme Court of Vermont
Assumpsit on a fire insurance policy. Plea, the general •issue with notice of the tender and of the other special matter mentioned in the opinion. Trial by jury at the September Term, 1904, Windsor County, Watson, J., presiding. Verdict ordered for the defendant to- recover its costs since the time of the tender; and judgment thereon. The plaintiff ex-•cep-ted. The opinion fully states the case. The adjustment contract always remained executory.
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Assumpsit on a fire insurance policy. Plea, the general •issue with notice of the tender and of the other special matter mentioned in the opinion. Trial by jury at the September Term, 1904, Windsor County, Watson, J., presiding. Verdict ordered for the defendant to- recover its costs since the time of the tender; and judgment thereon. The plaintiff ex-•cep-ted. The opinion fully states the case. The adjustment contract always remained executory. Such a contract must be fully performed in order to bar an< action on the policy. Smith v. Ins. Co., 62 N. Y. 85; Clement Fire-Ins. Rule 7, p. 49;…
1Opinion of the CourtPowers, J.
The plaintiff took out a fire insurance policy-in the defendant company covering certain property in Dummerston, on the 13th day of July, 1902. During the life of the policy, the property was totally destroyed by fire. The next day the plaintiff gave the company’s agent at Brattleboro*334notice of the fire, and, with the assistance of the defendant’s regular adjuster, who happened to be in the vicinity, made out on blanks furnished by the adjuster a sworn proof of loss in due form showing, among other things, four items of damage aggregating, according to the plaintiff’s valuation, $500.37, to…
2Cases cited10 opinions
- Farmers & Merchants' Insurance v. ChesnutIllinois Supreme Court · 1869
- Cobb v. CowderySupreme Court of Vermont · 1867
- Giboney v. German InsuranceMissouri Court of Appeals · 1892
- American Central Insurance v. SweetserIndiana Supreme Court · 1888
- Vining v. Franklin Fire InsuranceMissouri Court of Appeals · 1901
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- United States v. Skinner & Eddy CorporationDistrict Court, W.D. Washington · 1928
- Peters v. Estate of PoroSupreme Court of Vermont · 1922
- Gunn v. FrybergerSupreme Court of Oklahoma · 1918
- Munn v. Mid-Continent Motor Securities Co.Supreme Court of Oklahoma · 1924
- Noyes v. PierceSupreme Court of Vermont · 1923
4 more not listed; retrieve them via the Exa API.