Rolfe v. Patrons' Androscoggin Mutual Fire Insurance
Supreme Judicial Court of Maine
In equity. On report. Bill dismissed. Bill in equity brought to set aside an award made by referees in a fire insurance matter. The defendant demurred and answered. The demurrer was overruled and the defendant excepted. The cause was then tried to a jury and a verdict rendered. The case was then reported to the Law Court with the stipulation that "upon the whole case the court is to render judgment in accordance with the rights of the parties.”
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In equity. On report. Bill dismissed. Bill in equity brought to set aside an award made by referees in a fire insurance matter. The defendant demurred and answered. The demurrer was overruled and the defendant excepted. The cause was then tried to a jury and a verdict rendered. The case was then reported to the Law Court with the stipulation that "upon the whole case the court is to render judgment in accordance with the rights of the parties.” The case is stated in the opinion.
1Opinion of the CourtBird, J.
This is a bill in equity to set aside an award. The plaintiff and defendant are parties to a policy of insurance of the Maine Standard form to which was annexed a rider containing a provision to the effect that the liability of the defendant shall not exceed the sum of nine hundred dollars (the amount of the policy) nor more than two thirds of the actual destructible value of the property at the time the loss may happen. In the month of July, 1900. and within the term of the policy the property insured was totally destroyed by fire. Failing to agree the parties entered into an agreement in…
2Cases cited3 opinions
- Burchell v. MarshSupreme Court of the United States · 1855
- City of Bridgeport v. EisenmanSupreme Court of Connecticut · 1879
- Young v. KinneySupreme Court of Vermont · 1875
3Cited by1 opinion
- McQuaid Market House Co. v. Home Insurance Co.Supreme Court of Minnesota · 1920