Plimpton v. Farmers' Mutual Fire Insurance
Supreme Court of Vermont
Bill in chancery. The prayer of the bill was that the defendant Fire Insurance Company may be restrained from paying certain insurance money to the defendant Mundell, and be decreed to pay the same to the orator. The bill alleged facts tending to show, among other things, that the premises in question were not exempt as a homestead from being levied upon on the orator’s execution. Mundell’s answer denied these allegations and set up averments to the contrary.
Read the full summary
Bill in chancery. The prayer of the bill was that the defendant Fire Insurance Company may be restrained from paying certain insurance money to the defendant Mundell, and be decreed to pay the same to the orator. The bill alleged facts tending to show, among other things, that the premises in question were not exempt as a homestead from being levied upon on the orator’s execution. Mundell’s answer denied these allegations and set up averments to the contrary. But under the decision of the case it is unnecessary that the facts upon this branch of the case should be stated, and the other facts…
1Opinion of the Court
The opinion of the court was delivered by
Wilson, J.
The orator seeks to restrain the defendant company from paying certain insurance money to the defendant Mun-dell, and for decree that the same be paid to the orator.
The only question we have felt called on to decide in this case is, whether the orator has a legal or equitable claim to any portion of the money in question. It appears that Mundell, on the 5th day of November, 1866, being the owner of certain real estate occupied by him as a homestead, procured the buildings upon it to be insured by said company. About the 9th of that month the…
2Cases cited4 opinions
- Carpenter v. Providence Washington InsuranceSupreme Court of the United States · 1842
- The Columbia Insurance Company of Alexandria, in Error v. Joseph W. Lawrence, Who Survived Thomas PoindexterSupreme Court of the United States · 1836
- Carter v. RockettNew York Court of Chancery · 1840
- Mix v. HotchkissSupreme Court of Connecticut · 1840
3Cited by8 opinions
- The City of NorwichSupreme Court of the United States · 1886
- Place and Others v. Norwich & New York Transp. CoSupreme Court of the United States · 1886
- Ames v. RichardsonSupreme Court of Minnesota · 1882
- In re West Norfolk Lumber Co.District Court, E.D. Virginia · 1902
- McLaughlin v. Park City BankUtah Supreme Court · 1900
3 more not listed; retrieve them via the Exa API.