Gerrish v. German Insurance
Supreme Court of New Hampshire
IN equity. The bill alleges that the plaintiffs, Joseph W. Gerrish, and George B. Nichols, John D. Parker, Jr., and William R. Dupeo, of Boston, Mass., under the firm name of Nichols, Parker & Dupee, September 30, 1873, applied to John L. Spring, of Lebanon, a duly appointed and constituted agent of the German Insurance Company, for additional insurance upon some fleece wool stored in a two-story framed storehouse near the railroad freight depot in said Lebanon, owned by…
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IN equity. The bill alleges that the plaintiffs, Joseph W. Gerrish, and George B. Nichols, John D. Parker, Jr., and William R. Dupeo, of Boston, Mass., under the firm name of Nichols, Parker & Dupee, September 30, 1873, applied to John L. Spring, of Lebanon, a duly appointed and constituted agent of the German Insurance Company, for additional insurance upon some fleece wool stored in a two-story framed storehouse near the railroad freight depot in said Lebanon, owned by Joseph W. Gorrish, to the amount of thirty-five hundred dollars, said wool being owned, one half by the said Joseph W.…
1Opinion of the Court
A policy is the usual evidence of a contract of insurance. It is not necessary, however, in order to enable the assured to maintain an action upon the contract. If issued, it is the best evidence of what the contract was, and parol evidence would not be admissible to contradict it; but when none is issued, the contract may be proved by any competent evidence. Goodall v. N.E. Ins. Co., 25 N.H. 192; M'Culloch v. Eagle Ins. Co., 1 pick. 278; Kennebec Co. v. Augusta Ins. Banking Co., 6 Gray 204; Pierce v. Nashua Ins. Co., 50 N.H. 297.
But the cases are numerous where a party may resort to a court…
2Cases cited3 opinions
- Tayloe v. Merchants' Fire Ins. Co. of BaltimoreSupreme Court of the United States · 1850
- Pierce v. Nashua Fire Ins.Supreme Court of New Hampshire · 1870
- Goodall v. New England Mut. Fire Ins.Superior Court of New Hampshire · 1852
3Cited by3 opinions
- Elliott v. Standard Accident InsuranceSupreme Court of New Hampshire · 1943
- Green Mountain Insurance v. BonneySupreme Court of New Hampshire · 1989
- Priddy v. Mayer Aviation, Inc.Supreme Court of Arkansas · 1976