Rathbone v. City Fire Insurance
Supreme Court of Connecticut
Assumpsit, on a policy of insurance upon a quantity of cider ; tried to the jury in the superior court,- on the general issue with notice, before Carpenter, J. The principal defense setup was that the policy was rendered void.by the storage of wine in casks in the same building with that in which the cider was stored. The policy was dated April 1,1860, and was countersigned by “ E. Fuller, agent.”
Read the full summary
Assumpsit, on a policy of insurance upon a quantity of cider ; tried to the jury in the superior court,- on the general issue with notice, before Carpenter, J. The principal defense setup was that the policy was rendered void.by the storage of wine in casks in the same building with that in which the cider was stored. The policy was dated April 1,1860, and was countersigned by “ E. Fuller, agent.” The property insured was described in it as follows :— “ $200 on his cider in the two story frame dwelling house, occupied by the assured, and situated on Washington street in Norwich city.” The…
1Opinion of the CourtButler, J.
The testimony of Fuller relative to the waiver of defects in the preliminary proofs was clearly admissible. The plaintiff was entitled to prove that waiver, and by any evidence which tended to prove it. An' admission of the company made by their general agent while acting as such, and in respect to the particular loss and controversy, that it *204was only the quantity and value of the cider which the company disputed, was pertinent and important, whether made directly to the plaintiff, or to the agent who was employed by the plaintiff to prepare the preliminary proofs and present them on his…
2Cases cited3 opinions
- Bebee v. Hartford County Mutual Fire InsuranceSupreme Court of Connecticut · 1856
- Cowles v. BaconSupreme Court of Connecticut · 1852
- Marlborough v. SissonSupreme Court of Connecticut · 1854
3Cited by15 opinions
- Viele v. Germania InsuranceSupreme Court of Iowa · 1868
- Insurance Co. v. BrodieSupreme Court of Arkansas · 1889
- Okey v. State InsuranceMissouri Court of Appeals · 1888
- Lake v. Farmers' InsuranceSupreme Court of Iowa · 1900
- Emery v. Boston Marine InsuranceMassachusetts Supreme Judicial Court · 1885
10 more not listed; retrieve them via the Exa API.