Legal Opinion

Wilson v. Union Mutual Fire Ins.

Supreme Court of Vermont

Decided August 26, 1904PublishedCited by 3 opinions

General Assumpsit on a fire insurance policy. Plea, the general issue with notice. Trial by jury at the September Term, 1903, Orleans County, Stafford, J., presiding. Verdict ordered for the defendant; and judgment thereon. The plaintiff excepted. This case has been once before in the Supreme Court.

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General Assumpsit on a fire insurance policy. Plea, the general issue with notice. Trial by jury at the September Term, 1903, Orleans County, Stafford, J., presiding. Verdict ordered for the defendant; and judgment thereon. The plaintiff excepted. This case has been once before in the Supreme Court. See 75 Vt. 320. The plaintiff was entitled to go> to. the jury upon the question whether there was, at the time the policy was issued, a species of engine known as a “steam farm engine,” and if so, whether the engine in question came within that species. Carrington v. Ins. Co., 53 Vt. 418; Mosley…

1Opinion of the CourtMunson, J.

The plaintiff claims there was no evidence tending to show that the defendant is a mutual company. The company is characterized as mutual by its chartered name; the plaintiff’s application shows that a premium note was contemplated; the policy recites that the assured has become a member of the company by giving a premium note. In an early discussion plaintiff’s counsel said, “There is no question about the proposition that he is a member of the company”; and later in the trial the same counsel said, “They have confessed that they are a mutual company”, and urged the court to “remember that…

2Cases cited6 opinions

  1. Pfister v. GerwigIndiana Supreme Court · 1890
  2. Douville v. Farmers' Mutual Fire InsuranceMichigan Supreme Court · 1897
  3. Bourgeois v. Mutual Fire InsuranceWisconsin Supreme Court · 1893
  4. Treadway v. Hamilton Mutual InsuranceSupreme Court of Connecticut · 1860
  5. Frink's Admr. v. Brotherhood Accident Co.Supreme Court of Vermont · 1903

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Akers v. Farmers Alliance InsuranceSupreme Court of Kansas · 1925
  2. King v. Farmers Electric Coop., Inc.New Mexico Supreme Court · 1952
  3. Pink v. Town Taxi Co.Supreme Judicial Court of Maine · 1941

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