Bucklin v. Powell
Supreme Court of New Hampshire
Foreign Attachment. Facts found by the court. The defendant’s buildings were insured by the trustee, and burned June 28,1878. Writ dated July 15, 1878. The defendant brought no suit for the recovery of the loss, and the time within which he can has by the terms of the policy expired. The plaintiff took the deposition of the trustee, and elected to try the question of the trustee’s liability by the jury.
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Foreign Attachment. Facts found by the court. The defendant’s buildings were insured by the trustee, and burned June 28,1878. Writ dated July 15, 1878. The defendant brought no suit for the recovery of the loss, and the time within which he can has by the terms of the policy expired. The plaintiff took the deposition of the trustee, and elected to try the question of the trustee’s liability by the jury. The trustee denied its liability, and claimed that the question could not be tried in this suit. The court so decided, and the plaintiff excepted. The policy and deposition make a part of the…
1Opinion of the CourtSmith, J.
The trustee insured $500 on the defendant’s dwelling-house, L, and wood-shed, $300 on his barn, and $200 on his hay and grain in the barn. The buildings were wholly destroyed. In the barn was hay estimated at three tons, and straw estimated at one ton, which were consumed. The real estate was mortgaged for $300. The value of the property destroyed is in controversy, and there is a dispute whether the property was over-insured. (See trustee’s deposition.) The trustee agreed to make good to the defendant his loss or damage by fire, not exceeding the sum insured, or the interest of the insured,…
2Cited by3 opinions
- Forbes v. BoyntonSupreme Court of New Hampshire · 1973
- Palmer v. Duplex Truck Co.Supreme Court of New Hampshire · 1918
- Key Bank v. LatshawSupreme Court of New Hampshire · 1996