A. Perley Fitch Co. v. Phoenix Insurance

The policy as originally written insured property contained in the Optima building, which was situated on Pleasant street in Concord. At the former trial the evidence was conflicting as to whether the plaintiff’s treasurer stated that he intended to remove the goods, or that he had actually done so. On the present transfer neither the words of the treasurer’s request nor the circumstances under which it was made are in dispute. It may therefore be treated precisely as though it had been in writing. 2 Williston Con., s. 616; 6 R. C. L. 863; Steinfield v. Mills, 81 N. H. 152, 153.

The…