Moulthrop v. Farmers' Mutual Fire Insurance
Supreme Court of Vermont
Assumpsit on a policy of insurance against fire, issued to Norman Hudson, on October 11, 1871. Plea, general issue, and trial by jury, September Term, 1876, Rutland County, Wheeler, J., presiding.
Read the full summary
Assumpsit on a policy of insurance against fire, issued to Norman Hudson, on October 11, 1871. Plea, general issue, and trial by jury, September Term, 1876, Rutland County, Wheeler, J., presiding. The policy contained a provision in substantial accord with a provision of the defendant’s charter and a like provision of its bylaws, which were printed on the back of the policy, as follows: And if the insured shall, during the life of this policy, alienate, conditionally or by mortgage, or in any way change the title of the property herein insured, this policy shall be void, unless the insured…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
The contract of insurance counted upon was made October 11, 1871, by Norman Hudson with the defendant. Hudson then owned the fee of the insured premises, subject to a mortgage to one Perkins for $400 and some interest. On the 7th of. J'unp, 1872, he sold said premises to Remington, with covenants of title, and assumed expressly the Perkins mortgage. In •this deed was the following proviso, or condition: “ Provided, however, that if the said Remington shall fail to pay me, the said Hudson, fifteen hundred dollars and interest annually from…
2Cases cited3 opinions
- Traders' Insurance v. RobertNew York Supreme Court · 1832
- The Buffalo Steam Engine Works v. . the Sun Mut. Ins. Co.New York Court of Appeals · 1858
- Tittemore v. Vermont Mutual Fire InsuranceSupreme Court of Vermont · 1848
3Cited by2 opinions
- Abbott v. SandersSupreme Court of Vermont · 1907
- Ordway v. FarrowSupreme Court of Vermont · 1906