Boston & Maine Railroad v. Union Mutual Fire Insurance
Supreme Court of Vermont
Appeal in Chancery. Heard on demurrer to the bill at the March Term, 1910, Washington County, Butter, Chancellor. Demurrer sustained; bill adjudged insufficient and dismissed. The orator appealed.
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Appeal in Chancery. Heard on demurrer to the bill at the March Term, 1910, Washington County, Butter, Chancellor. Demurrer sustained; bill adjudged insufficient and dismissed. The orator appealed. It appears that six insurance companies besides the defendant had policies of insurance on the destroyed property, and were parties to the agreement in question, which is thus set out in the bill: ‘ ‘ That thereafterwards, to wit, on or about the 1st day of July A. D. 1906, the Union Mutual Fire Insurance Company,' defendant herein, and all other the said insurance companies and the said Cushman &…
1Opinion of the CourtWatson, J.
The defendant contends on demurrer to the bill that the orator has an adequate remedy at law. Hereon it is urged that the alleged agreement, the specific performance of which is here sought, is a binding, contract between the orator and the defendant, constituting a full, complete, and adequate *558defence to the suit at law: that if the allegations are true the defendant accepted the promise of the orator in full satisfaction of its claim, and the only suit maintainable by the defendant is one upon the agreement. If the agreement set forth is in legal effect as thus argued, then the soundness of…
2Cases cited5 opinions
- Cook v. RichardsonMassachusetts Supreme Judicial Court · 1901
- Manley v. Vermont Mutual Fire InsuranceSupreme Court of Vermont · 1906
- Bryant v. GaleSupreme Court of Vermont · 1832
- Rising v. CummingsSupreme Court of Vermont · 1875
- Burton v. LandonSupreme Court of Vermont · 1894
3Cited by6 opinions
- Sargent v. DonahueSupreme Court of Vermont · 1920
- Boston & Maine Railroad v. Union Mutual Fire InsuranceSupreme Court of Vermont · 1917
- Cooley v. HatchSupreme Court of Vermont · 1924
- Benner v. LuntSupreme Judicial Court of Maine · 1927
- Duffy v. Providence Teaming Co., Inc.Supreme Court of Rhode Island · 1929
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