Trott v. City Ins. Co.
U.S. Circuit Court for the District of Maine
Action of assumpsit on a policy of insurance. Insurance was effected on three-sixteenths of the bark Hellespont, in the City-Insurance Company, for the sum of forty-one hundred and twenty-five dollars, for the period of one year from the 23d of December, 1857. The claim is for a total loss on the 3d of April following.
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Action of assumpsit on a policy of insurance. Insurance was effected on three-sixteenths of the bark Hellespont, in the City-Insurance Company, for the sum of forty-one hundred and twenty-five dollars, for the period of one year from the 23d of December, 1857. The claim is for a total loss on the 3d of April following. Plea in abatement to the writ, setting forth that the writ was sued out upon a policy of insurance, to recover the amount of a loss alleged to have been sustained by the plaintiff [James H. Trott], within the terms of the policy, and that within the terms of the policy the…
1Opinion of the Court
CLIFFORD, Circuit Justice.
Both partiés agree that the only question which arises in the case of any considerable importance is, whether a suit can be maintained by the plaintiff under the policy, without a prior offer on his part to submit his claim to arbitration. It is insisted by the defendants that the terms of the by-laws bar the right to sue in a case like tne present, until the insured has offered to submit his claim to referees. That construction of the by-law is virtually conceded by the plaintiff, but he insists that the by-law, if such be its true construction, is invalid, because…
2Cases cited5 opinions
- Haggart v. . MorganNew York Court of Appeals · 1851
- Allegre v. Maryland InsuranceCourt of Appeals of Maryland · 1824
- Gray v. WilsonSupreme Court of Pennsylvania · 1835
- Robinson v. Georges InsuranceSupreme Judicial Court of Maine · 1840
- Hill v. MoreSupreme Judicial Court of Maine · 1885
3Cited by8 opinions
- Guaranty Trust and Safe Deposit Co. v. Green Cove Springs and Melrose RailroadSupreme Court of the United States · 1891
- Prader v. National Masonic Accident Ass'nSupreme Court of Iowa · 1895
- Nurney v. Fireman's Fund InsuranceMichigan Supreme Court · 1886
- White v. Middlesex RailroadMassachusetts Supreme Judicial Court · 1883
- Whitney v. National Masonic Accident Ass'nSupreme Court of Minnesota · 1893
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