Allen, Safford & Co. v. Vermont Mutual Fire Insurance
Supreme Court of Vermont
Assumpsit, on a policy of insurance to recover damages for the destruction of the plaintiff’s cotton factory by fire. Plea, non-assumpsit. Issue to the country.
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Assumpsit, on a policy of insurance to recover damages for the destruction of the plaintiff’s cotton factory by fire. Plea, non-assumpsit. Issue to the country. Upon the trial in the county court, the plaintiffs gave in evidence their application, made in writing, to the defendants, for an insurance upon their cotton factory, in which application the dimensions of the factory building, materials of which it was built, number of stoves used, &c., were particularly described; but the application did not contain any description or statement of an apparatus for manufacturing sizing, erected in…
1Opinion of the Court
The’opinion of the court was delivered by
Bennett, J.
— This case involves several imjiortant questions, and some of them are not without considerable difficulty. It has been argued at great length and with much ability ; but, from the shortness of the time allowed us for an examination, we are not prepared, at this time, to come to a conclusion on all the questions which the case presents. There is, however, one point upon which the court are all satisfied that the defendants must have anew trial, and we are, therefore,induced to decide the case on that single point, leaving all other…
2Cited by8 opinions
- Titus v. . Glens Falls Insurance CompanyNew York Court of Appeals · 1880
- Wheaton v. North British and Merchantile InsuranceCalifornia Supreme Court · 1888
- Pacific Mut. Life Ins. Co. of Cal. v. O'NeilSupreme Court of Oklahoma · 1913
- Carpenter v. Continental InsuranceMichigan Supreme Court · 1886
- Mailhoit v. Metropolitan Life InsuranceSupreme Judicial Court of Maine · 1895
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