Tarbell v. Vt. Mutual Fire Ins.
Supreme Court of Vermont
This was a bill in chancery by Luke Tarbell, Bradford A. Tewksbury and Henry C. Soper, executor of Ephraim Thayer, against the Yermont Mutual Eire Insurance Company, to reform and compel the payment of the amount due on a policy of fire insurance. Heard at the December term, 1889, Orange county, upon demurrer to the bill, with a stipulation that certain facts should be treated as incorporated in the bill. Howell, Chancellor, dismissed the bill with costs.
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This was a bill in chancery by Luke Tarbell, Bradford A. Tewksbury and Henry C. Soper, executor of Ephraim Thayer, against the Yermont Mutual Eire Insurance Company, to reform and compel the payment of the amount due on a policy of fire insurance. Heard at the December term, 1889, Orange county, upon demurrer to the bill, with a stipulation that certain facts should be treated as incorporated in the bill. Howell, Chancellor, dismissed the bill with costs. Appeal by the orators. The bill as amended alleged in substance the following facts: In 1880 Tarbell agreed with one Erskine to purchase…
1Opinion of the Court
The opinion of the court was delivered by
ROSS, J.
The conveyance from Erskine to Thayer, and the bond from Thayer to Tarbell are parts of one transaction and are to be considered in that light. Thus considered, Tarbell was the real purchaser from Erskine and the conveyance to Thayer, absolute on its face, between Thayer and Tarbell, was oirly for security for the payment of the balance of the purchase money-In equity Tarbell was a mortgagor in possession, and Thayer a mortgagee holding the absolute title as security for the payment of his debt, the same as one holding under a mortgage deed,…
2Cases cited1 opinion
- Ring v. Windsor County Mutual Fire InsuranceSupreme Court of Vermont · 1879
3Cited by6 opinions
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- German Insurance v. ShaderNebraska Supreme Court · 1903
- Bardwell v. Commercial Union Assurance Co.Supreme Court of Vermont · 1933
- Parker v. Rochester German InsuranceMassachusetts Supreme Judicial Court · 1895
- Wilson v. Commercial Union Assurance Co.Supreme Court of Vermont · 1916
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