Walsh's Adm'x v. Vermont Mutual Fire Insurance
Supreme Court of Vermont
Action, assumpsit on a policy of insurance. Heard on the report of referees, at the September Term, 1881, Yeazey, J., presiding. Judgment was rendered on the report for the plaintiff to recover $1,368 ; and the defendant excepted.
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Action, assumpsit on a policy of insurance. Heard on the report of referees, at the September Term, 1881, Yeazey, J., presiding. Judgment was rendered on the report for the plaintiff to recover $1,368 ; and the defendant excepted. The referees found: The policy was issued to Michael Walsh, and the application therefor was signed by him, but, except the signature was mostly in the handwriting of John Cain, who was then an agent of the defendant company in soliciting insurance. The plaintiff put in evidence a proof of loss signed by Mary Walsh, the wife of said Michael, and the same was…
1Opinion of the Court
The opinion of the court was delivered by
Taft, J.
This is an action to recover for a loss by fire, under a policy of insurance issued by the defendant, dated the 13th of February, 1878. The property was destroyed by fire on the 28th day of April, 1879. Several objections are now urged by the defendant against a recovery.
I. That the proof of loss was not signed by the assured’s own hand, and verified by his oath. The proof of loss was furnished the company on the 17th day of May, 1879, signed and sworn to by the wife of the assured. It was the duty of the defendant if liable, to adjust the same…
2Cases cited3 opinions
- Tayloe v. Merchants' Fire Ins. Co. of BaltimoreSupreme Court of the United States · 1850
- Boutelle v. Westchester Fire InsuranceSupreme Court of Vermont · 1878
- Spooner v. Vermont Mutual Fire InsuranceSupreme Court of Vermont · 1880
3Cited by13 opinions
- Kisting v. Westchester Fire Insurance CompanyDistrict Court, W.D. Wisconsin · 1968
- Stevens v. CastelMichigan Supreme Court · 1886
- Webster v. State Mutual Fire InsuranceSupreme Court of Vermont · 1908
- Firemen's Fund Insurance v. SimsSupreme Court of Georgia · 1902
- Hanscom v. Home Insurance Co.Supreme Judicial Court of Maine · 1897
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