Boutelle v. Westchester Fire Insurance
Supreme Court of Vermont
Assumpsit on a policy of insurance. Plea, the general issue, and trial by jury, September Term, 1877, Redfield, J., presiding. The policy declared on was issued to the plaintiff on March 81, 1875, to assure him “ against loss or damage by fire to the amount of $2,500 on his stock of hulless oats, for seed, contained in his detached frame store-house, situate on the east side of Elm street, opposite his residence in the village of Montpelier.”
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Assumpsit on a policy of insurance. Plea, the general issue, and trial by jury, September Term, 1877, Redfield, J., presiding. The policy declared on was issued to the plaintiff on March 81, 1875, to assure him “ against loss or damage by fire to the amount of $2,500 on his stock of hulless oats, for seed, contained in his detached frame store-house, situate on the east side of Elm street, opposite his residence in the village of Montpelier.” Other insurance to the amount of $7,500 was thereby permitted, and it was thereby agreed that in case of a loss not more than $5 should be paid per…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
I. It was competent for the plaintiff to show that A. 0. Brown, the defendant’s agent, who effected the insurance, had knowledge of the property insured and its situation. The testimony of Mills was introduced for this purpose, and had a tendency to show that Brown had such knowledge. But it appeared from Mills’s testimony that on the occasion testified to, when Brown was present at the plaintiff’s store-house, he was accompanied by a third person, an agent for the Hudson Insurance Company, which also had a policy on the same property. This…
2Cases cited2 opinions
- Carpenter v. American Ins.U.S. Circuit Court for the District of Rhode Island · 1839
- American Insurance v. GilbertMichigan Supreme Court · 1873
3Cited by8 opinions
- Foster's Exrs. v. DickersonSupreme Court of Vermont · 1891
- Carrigan v. Lycoming Fire InsuranceSupreme Court of Vermont · 1881
- Mosley v. Vermont Mutual Fire InsuranceSupreme Court of Vermont · 1882
- Townshend v. TownshendSupreme Court of Vermont · 1911
- Tenney v. HarveySupreme Court of Vermont · 1891
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