Legal Opinion

Lycoming Fire Insurance v. Batcheller & Sons

Supreme Court of Vermont

Decided January 15, 1890PublishedCited by 8 opinions

This was an action in assumpsit to recover assessments upon two premium notes given to the plaintiff by the defendants, upon the issuing to them by it of two policies of fire insurance. Pleas, the general issue and statute of limitations. Trial by jury at the September Term, 1889, Powers, J., presiding. The court directed a verdict for the defendants, to which the plaintiff excepted.

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This was an action in assumpsit to recover assessments upon two premium notes given to the plaintiff by the defendants, upon the issuing to them by it of two policies of fire insurance. Pleas, the general issue and statute of limitations. Trial by jury at the September Term, 1889, Powers, J., presiding. The court directed a verdict for the defendants, to which the plaintiff excepted. The first note was as follows : “$250. For value received, in policy No. 109,584, risk commencing the twenty-first day of November, 1875, issued by the Lycoming Fire Insurance Company, we promise to pay to said…

1Opinion of the Court

*151The opinion of the court was delivered by

Rowell, J.

These notes are payable “ in such proportions and at such time or times as the directors of the company may, agreeably to their act of incorporation, require.” Said act provides that if any member shall, for the space of thirty days after publication of notice, neglect or refuse to pay the sum assessed to him as his proportion of a loss, the directors “ may sue for and recover the whole amount of his deposit note or notes.”

The defendants made default for the space of thirty days after notice in the payment of an assessment, whereof notice was…

2Cases cited3 opinions

  1. Howland v. . EdmondsNew York Court of Appeals · 1862
  2. Savage v. . MedburyNew York Court of Appeals · 1859
  3. Dawley v. WheelerSupreme Court of Vermont · 1880

3Cited by8 opinions

  1. Langworthy v. GardingSupreme Court of Minnesota · 1898
  2. Furlon v. Haystack Mountain Ski Area, Inc.Supreme Court of Vermont · 1978
  3. Benson v. MVP Health Plan, Inc.Supreme Court of Vermont · 2009
  4. New England Fire Insurance v. HaynesSupreme Court of Vermont · 1899
  5. Lyndon Savings Bank v. International Co.Supreme Court of Vermont · 1905

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