Malley v. Atlantic Fire & Marine Insurance
Supreme Court of Connecticut
Action upon a policy of fire insurance on a stock of merchandise; brought to the Superior Court. The following facts were found by the court. * On the 12th day of May, 1881, the defendant corporation, in consideration of twenty-five dollars paid to it by the plaintiff, issued to him a policy of insurance against fire on a stock of goods owned by him; the first clause of the policy being as follows:— “ By this policy of insurance the Atlantic Fire and Marine Insurance Co.,…
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Action upon a policy of fire insurance on a stock of merchandise; brought to the Superior Court. The following facts were found by the court. * On the 12th day of May, 1881, the defendant corporation, in consideration of twenty-five dollars paid to it by the plaintiff, issued to him a policy of insurance against fire on a stock of goods owned by him; the first clause of the policy being as follows:— “ By this policy of insurance the Atlantic Fire and Marine Insurance Co., Providence, R. I., in consideration of twenty-five dollars to them paid by the assured hereinafter named, the receipt…
1DissentGranger, J.
Passing the overwhelming equities of the case in favor of the plaintiff apparent to every one who reads the record, I proceed to consider the cold naked question of law involved, and from the decision of which by the majority of the court I feel compelled to dissent.
If any partnership relation existed between Malley and Neely at the time of the happening of the loss in controversy, it was because the law infers such relation from the instrument recited in the opinion of the court, dated January 12th, 1882. Outside the physical act of signing that instrument, there is disclosed upon the record…
2Cases cited9 opinions
- Gilbert v. North American Fire InsuranceNew York Supreme Court · 1840
- Lockwood v. Middlesex Mutual Assurance Co.Supreme Court of Connecticut · 1880
- Parker v. CanfieldSupreme Court of Connecticut · 1870
- Lycoming Insurance v. BarringerIllinois Supreme Court · 1874
- Livingston v. BlanchardMassachusetts Supreme Judicial Court · 1881
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