Legal Opinion

Brink & Co. v. Merchants & Mechanics Insurance

Supreme Court of Vermont

Decided February 15, 1877PublishedCited by 22 opinions

Assumpsit upon a policy of insurance. Plea, the general issue, with notice of special matter, and trial by jury, May Term, 1876, Barrett, J., presiding. The policy in question was issued by the defendant company through its agents at Bellows Falls, on August 1, 1874. The property insured thereby was destroyed by fire on April 28,1875. Upon the back of the policy was' a division of risks into three classes, denominated hazardous, extra hazardous, and specially hazardous.

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Assumpsit upon a policy of insurance. Plea, the general issue, with notice of special matter, and trial by jury, May Term, 1876, Barrett, J., presiding. The policy in question was issued by the defendant company through its agents at Bellows Falls, on August 1, 1874. The property insured thereby was destroyed by fire on April 28,1875. Upon the back of the policy was' a division of risks into three classes, denominated hazardous, extra hazardous, and specially hazardous. There was no specific reference in any of the three classes to any of the manufactures carried on upon the premises after…

1Opinion of the Court

The opinion of the court was delivered by

Powers, J.

This is an action of assumpsit on a policy of insurance upon certain property of the plaintiffs in Springfield, executed by the defendants on the first day of August, 1874, for the term of one year. The policy was written by the defendant’s agents, Johnson & Babbitt, and the property insured subsequently, and during the currency of the policy, was destroyed by fire. No formal written application for .the insurance was made by the plaintiffs; but the agents visited the premises, and from repre*455sentatious made by the plaintiffs on that occasion,…

2Cases cited1 opinion

  1. Dean v. McLeanSupreme Court of Vermont · 1875

3Cited by22 opinions

  1. Penn Mut. Life Ins. v. Mechanics' Savings Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1896
  2. Ætna Insurance v. ShryerIndiana Supreme Court · 1882
  3. Allen v. Berkshire Mutual Fire InsuranceSupreme Court of Vermont · 1933
  4. McGuire v. Hartford Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1896
  5. Mosley v. Vermont Mutual Fire InsuranceSupreme Court of Vermont · 1882

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