John Morrill & Co. v. New England Fire Insurance
Supreme Court of Vermont
General and special assumpsit. Heard on an agreed statement of facts, at the March term, 1898, Rutland county, Start, J., presiding. Judgment for the plaintiff. The defendant excepted. The action is based upon a “claim by virtue of the policy,” and is barred by the stipulation that the action should be commenced within twelve months from the date of loss. The proposition was a conditional one and was rejected.
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General and special assumpsit. Heard on an agreed statement of facts, at the March term, 1898, Rutland county, Start, J., presiding. Judgment for the plaintiff. The defendant excepted. The action is based upon a “claim by virtue of the policy,” and is barred by the stipulation that the action should be commenced within twelve months from the date of loss. The proposition was a conditional one and was rejected. Nowhere is it claimed in the agreed statement that the plaintiffs were in any way misled or that the defendants perpetrated any fraud upon them, or that the delay was in reliance upon…
1Opinion of the CourtTyler, J.
The statement of facts shows that the defendant, by its policy of fire insurance, insured to the amount of one thousand dollars, certain personal property of the plaintiffs,-situated in their establishment for packing and curing meats, etc., in Ottumwa, la. On July 12, 1893, while the policy was in force, a fire occurred by which the plaintiffs suffered a heavy loss upon the property so insured, of which they gave the defendant due notice. Some correspondence took place between the parties upon the subject of the loss, which resulted in an adjustment of the same. On March 10, 1894, the…
2Cases cited5 opinions
- National Bank v. HallSupreme Court of the United States · 1880
- Smith v. . Glen's Falls Insurance Co.New York Court of Appeals · 1875
- Mickey v. Burlington Ins.Supreme Court of Iowa · 1872
- Metropolitan Life Insurance v. DempseyCourt of Appeals of Maryland · 1890
- Hoyt v. CateSupreme Court of Vermont · 1893
3Cited by10 opinions
- Turner v. HuntTexas Supreme Court · 1938
- Gilman v. Maine Mutual Fire InsuranceSupreme Court of Vermont · 2003
- Dahrooge v. Rochester German InsuranceMichigan Supreme Court · 1913
- Webster v. State Mutual Fire InsuranceSupreme Court of Vermont · 1908
- Bates v. German Commercial Accident Co.Supreme Court of Vermont · 1913
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