Smith v. Niagara Fire Insurance
Supreme Court of Vermont
Assumpsit upon an insurance policy. Plea, general issue. Trial by jury, September Term, 1887, Ross, J., presiding. Verdict for the plaintiffs. The application for said insurance was in writing, dated July 14,-1886, signed by the said Emily A. Smith, and contained the statement that there was no incumbrance upon the property.
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Assumpsit upon an insurance policy. Plea, general issue. Trial by jury, September Term, 1887, Ross, J., presiding. Verdict for the plaintiffs. The application for said insurance was in writing, dated July 14,-1886, signed by the said Emily A. Smith, and contained the statement that there was no incumbrance upon the property. Said application also contained the following clause : “And I hereby covenant and agree that the foregoing statement, valuation, description and survey are true and correct; and they are submitted as my warranty and a basis for the desired insurance. The company shall not…
1Opinion of the Court
The opinion of the court was delivered by
Taut, J.
I. The defendant objected to an inquiry of a witness upon the subject of damages. Conceding the question to have been improper, the exceptions do not show that it was answered. To avail the defendant, it must so appear, and that the answer was prejudicial to it. Carpenter v. Corinth, 58 Vt. 214.
II. The assured warranted that there was no incumbrance upon the property. There was then upon record, an. undischarged mortgage for eight' hundred dollars, with accrued annual interest for sixteen years. The plaintiffs claimed that the presumption of…
2Cases cited10 opinions
- Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
- Walsh v. . Hartford Fire Insurance Co.New York Court of Appeals · 1878
- Merrill v. . Agricultural Ins. Co.New York Court of Appeals · 1878
- Marvin v. . Universal Life Insurance Co.New York Court of Appeals · 1881
- Carrigan v. Lycoming Fire InsuranceSupreme Court of Vermont · 1881
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- State v. BurpeeSupreme Court of Vermont · 1892
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