Davis v. New England Fire Insurance
Supreme Court of Vermont
General Assumpsit, with a special count upon a fire insurance policy. Upon general and special demurrer to the special count, at the March Term, 1897, Washington County, Rowell, J., presiding, The special count alleged that a portion of the personal property insured and destroyed belonged to the plaintiff.
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General Assumpsit, with a special count upon a fire insurance policy. Upon general and special demurrer to the special count, at the March Term, 1897, Washington County, Rowell, J., presiding, The special count alleged that a portion of the personal property insured and destroyed belonged to the plaintiff. The special demurrer assigned for causes, 1st, that the policy was issued to the plaintiff and Mary A. Davis, jointly, upon a consideration moving from both, and that both were necessary parties; 2nd, that the policy is a contract with the two, and that it is not alleged that the dwelling…
1Opinion of the Court
Taft, J.(1) This is an action to recover upon a fire insurance policy. It is alleged that the contract was made by the defendant of the one part, and the plaintiff with one Mary A. Davis, jointly, of the other part. No reason is alleged for not joining Mary A. Davis, as co-plaintiff. The contract was made by her and the plaintiff as the insured, the consideration was paid by them, and the promise was made to them, jointly. Under our decisions she is a necessary party plaintiff.(2) It is insisted by the defendant that the declaration is defective for that there is no allegation that the…
2Cases cited2 opinions
- Hooper v. RobinsonSupreme Court of the United States · 1879
- Dickerman v. Vt. Mut. Fire Ins.Supreme Court of Vermont · 1894
3Cited by3 opinions
- Kosior v. Continental Insurance Co.Massachusetts Supreme Judicial Court · 1938
- Bowers Co. v. London Assurance Corp.Superior Court of Pennsylvania · 1926
- Draper v. Delaware State Grange Mutual Fire InsuranceSuperior Court of Delaware · 1914