Farmers' Mutual Fire Insurance v. Marshall
Supreme Court of Vermont
Assumpsit upon a promissory note signed by the defendant, dated March 17th, 1851, numbered 229, and reading as follows: “ For value received in policy of the same number and date herewith, issued by the Farmers’Mutual Eire Insurance Company, I promise to pay the said company, or their treasurer for the time being, the sum of one hundred and eighty-nine dollars, in such portions and at such times as the directors of said company may, agreeably to their act of incorporation,…
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Assumpsit upon a promissory note signed by the defendant, dated March 17th, 1851, numbered 229, and reading as follows: “ For value received in policy of the same number and date herewith, issued by the Farmers’Mutual Eire Insurance Company, I promise to pay the said company, or their treasurer for the time being, the sum of one hundred and eighty-nine dollars, in such portions and at such times as the directors of said company may, agreeably to their act of incorporation, require.” The declaration alleged certain assessments to have been made on said note at certain specified times, but all…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, Ch. J.
I. Some question is made whether Palmer is to be regarded as the agent of the plaintiffs in effecting the insurance. It is certain the plaintiffs were aware that the insurance was effected through Palmer at the time they ratified the policy, and also that he claimed to act as their agent, as he was then in treaty for such agency which was soon after conferred by the company, and a bond taken from him, dated February 25, 1851, (the defendant’s policy bearing date March 17, 1851,) by which it is recited, that Palmer “is appointed agent…
2Cases cited4 opinions
- Bradley v. BentleySupreme Court of Vermont · 1836
- Isaacs v. ElkinsSupreme Court of Vermont · 1839
- Washington County Mutual Ins. v. MillerSupreme Court of Vermont · 1853
- Bradley v. AndersonSupreme Court of Vermont · 1833
3Cited by2 opinions
- Johnson v. Hardware Mutual Casualty Co.Supreme Court of Vermont · 1936
- Windham County Mutual Fire Insurance v. PierceSupreme Court of Vermont · 1863