Gould v. York County Mutual Fire Insurance
Supreme Judicial Court of Maine
Assumpsit on a policy of insurance for three years, in favor of the plaintiff, upon a store and goods in Wilton, dated Dec. 30, 1856. By the terms of the policy, the application and description of the property was made a part of the contract.
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Assumpsit on a policy of insurance for three years, in favor of the plaintiff, upon a store and goods in Wilton, dated Dec. 30, 1856. By the terms of the policy, the application and description of the property was made a part of the contract. Amongst other inquiries contained in the application were the following:— “ Is cotton or woollen waste, or rags, kept in or near the property to be insured ?” Answer, “ No.” “ If the property is incumbered, state for how much and to whom. State the true title and interest.” Answer, “ None.” The store and goods were burned Oct. 24, 1857. The plaintiff…
1Opinion of the Court
The opinion of the Court was drawn up by
Tenney, C. J.
The goods covered by the policy were owned by Benjamin Gould, the father of the plaintiff, prior to April, 1856, when they were purchased by the latter, and were entirely his property. While they were owned by the father, according to the evidence, the business was done in the name of B. & W. Gould, the son consenting that his name should be so used. After the purchase, goods were bought and business carried on by the son in the name of B. & W. Gould, the father consenting thereto. The case contains no evidence that any part of the goods…
2Cases cited1 opinion
- Carpenter v. American Ins.U.S. Circuit Court for the District of Rhode Island · 1839
3Cited by10 opinions
- Trabue v. Dwelling House InsuranceSupreme Court of Missouri · 1894
- American Home Assurance Co. v. IngeneriSupreme Judicial Court of Maine · 1984
- Plath v. Minnesota Farmers' Mutual Fire InsuranceSupreme Court of Minnesota · 1877
- McGowan v. People's Mutual Fire Ins.Supreme Court of Vermont · 1881
- Smith v. American Automobile InsuranceMissouri Court of Appeals · 1915
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