Williams v. Vermont Mutual Fire Insurance
Supreme Court of Vermont
Assumpsit upon a policy of insurance, dated September 16,1842, by which the defendants insured a saw mill, belonging to the plaintiffs, against loss by fire, to the amount of $400, for six years. The plaintiffs alleged, that the mill was burned September 2, 1840, and that notice thereof was duly given to the directors of the company. The writ was made returnable to the April Term, 1845, of Rutland county court.
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Assumpsit upon a policy of insurance, dated September 16,1842, by which the defendants insured a saw mill, belonging to the plaintiffs, against loss by fire, to the amount of $400, for six years. The plaintiffs alleged, that the mill was burned September 2, 1840, and that notice thereof was duly given to the directors of the company. The writ was made returnable to the April Term, 1845, of Rutland county court. The defendants pleaded, first, the general issue ;— second, that by the seventh section of their act of incorporation it is provided, “ That in case of any loss or damage by fire…
1Opinion of the Court
The opinion of the court was delivered by
Davis, J.
A verdict having been returned for the plaintiffs, for one half of the amount of the loss sustained by them in the destruction of their saw-mill by fire, the other half having previously been allowed and paid to Bliss, one of the plaintiffs, exceptions were taken by the defendants to the directions given by the county court, in respect to the issues of fact formed upon the defendants’ second and third pleas. A farther exception was taken to the decision of the county court, that, in order to exempt the company-from responsibility, upon the…
2Cases cited3 opinions
- Oothout v. ThompsonNew York Supreme Court · 1822
- Hunt v. FaySupreme Court of Vermont · 1835
- Dutton v. Vermont Mutual Fire InsuranceSupreme Court of Vermont · 1845
3Cited by21 opinions
- Peoria Marine & Fire Insurance v. WhitehillIllinois Supreme Court · 1861
- Shields v. Vermont Mutual Fire InsuranceSupreme Court of Vermont · 1929
- Wilson v. Ætna InsuranceSupreme Court of Vermont · 1854
- Graham v. Niagara Fire InsuranceSupreme Court of Georgia · 1899
- Suggs v. Travelers InsuranceTexas Supreme Court · 1888
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