Thompson v. Phœnix Insurance
Supreme Judicial Court of Maine
On exceptions. Tbe writ was dated February 4, 1882, and contained the following declaration: ■"In a plea of the case; for that whereas on the seventeenth day of December, A. D. 1878, at Wilton, in said county of Franklin, one Vinal T. Thompson, then of said Wilton, now of Mt.
Read the full summary
On exceptions. Tbe writ was dated February 4, 1882, and contained the following declaration: ■"In a plea of the case; for that whereas on the seventeenth day of December, A. D. 1878, at Wilton, in said county of Franklin, one Vinal T. Thompson, then of said Wilton, now of Mt. Vernon, in the county of Kennebec and state of Maine, bargained with the said Phoenix Insurance Company, to purchase of said company a policy of insurance against loss by fire, as follows, to wit: Pour hundred and fifty dollars on his one story frame dwelling-house and ell, situated in said Wilton, fifty dollars on his…
1Opinion of the CourtSymonds, J.
On demurrer, to a declaration in case alleging that the defendants, by fraud, induced the plaintiff to cancel for two hundred and fifty dollars a policy of fire insurance for one thousand dollars, after the loss insured against had occurred.
The arguments upon the demurrer raise the single question, whether the representations made by the defendants to procure the settlement, admitting all that the declaration avers in this respect, were in the legal sense fraudulent, so as to support an action to recover the damages which the plaintiff sustained, by relying and acting upon them.
The first…
2Cases cited4 opinions
- Belcher v. CostelloMassachusetts Supreme Judicial Court · 1877
- Birdsey v. ButterfieldWisconsin Supreme Court · 1874
- Mayhew v. Phœnix InsuranceMichigan Supreme Court · 1871
- Stubbs v. JohnsonMassachusetts Supreme Judicial Court · 1879
3Cited by11 opinions
- White v. HarriganSupreme Court of Oklahoma · 1919
- Meacham v. HalleyCourt of Appeals for the Fifth Circuit · 1939
- Coffin v. DodgeSupreme Judicial Court of Maine · 1950
- Miller v. OsterlundSupreme Court of Minnesota · 1923
- National Fire Ins. Co. v. PlummerCourt of Appeals of Texas · 1921
6 more not listed; retrieve them via the Exa API.