Remington v. Westchester Fire Insurance
Supreme Court of Rhode Island
Assumpsit. On demurrer to the plea. in support of the demurrer. I. An adjustment of a loss made in writing is only binding upon parties when made with full knowledge of all the circumstances, and intended by the parties to be absolute and final. 2 Phillips on Insurance, § 1815, and cases cited.
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Assumpsit. On demurrer to the plea. in support of the demurrer. I. An adjustment of a loss made in writing is only binding upon parties when made with full knowledge of all the circumstances, and intended by the parties to be absolute and final. 2 Phillips on Insurance, § 1815, and cases cited. The defendants set forth in their plea that there were certain facts, unknown to them at the time of making the adjustment, which tended to show that the alleged loss arose from the wrongful acts of the plaintiffs. The issue on the plea if traversed would be, not whether the facts set forth in the plea…
1Opinion of the CourtCarpenter, J.
This is assumpsit on an account stated. The defendant files the following plea, to which the plaintiff demurs:
“And for a further plea in that behalf, by leave of court, &c., . said defendant corporation comes and defends, &c., when, &c., and says that said plaintiffs’ cause of action as set forth in the first count of their declaration in said action, if any they have therein, was founded on, arose from, and depended on a certain contract of insurance set forth in, and evidenced by, a certain policy of insurance numbered 1868, and issued by said defendant corporation to plaintiffs, and in the…
2Cases cited1 opinion
- Dow v. SmithNew York Supreme Court · 1803