Cummings, Adm'r v. Webster
Supreme Judicial Court of Maine
Trover for the conversion of a policy of insurance, and comes before the 'court upon exceptions to the instructions of Rice, J., and upon motion to set aside the verdict for plaintiff, as against the evidence in the case, and for a new trial.
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Trover for the conversion of a policy of insurance, and comes before the 'court upon exceptions to the instructions of Rice, J., and upon motion to set aside the verdict for plaintiff, as against the evidence in the case, and for a new trial. The plaintiff’s intestate, having- been insured in the Hamilton Mutual Insurance Company for the term of one year, upon his stock and tools, in Portland, at the expiration of that time made application for the renewal of his policy, through the defendant, who was an agent of that company, and to whom a new policy was sent, dated January second, A. D.…
1Opinion of the Court
Cutting J.
This is an action of trover for the conversion of a policy of insurance.. Under the instructions of the presiding Judge a verdict was rendered for the plaintiff, and the *194case comes before ns on exceptions and a motion to set aside the verdict as being against law and evidence.
The first instruction, to which exception is taken, was based upon the opinion of Lord Mansfield, in the case of Harding v. Carter, (cited by Park on Ins., p. 4,) who held, “that where two brokers, instructed to effect insurance, wrote in reply that they had got two policies effected, which was false ; in an…
2Cases cited1 opinion
- Welland Canal Co. v. HathawayNew York Supreme Court · 1832
3Cited by6 opinions
- Ward v. Carson River Wood Co.Nevada Supreme Court · 1878
- People, ex rel. Wildi v. IttnerAppellate Court of Illinois · 1911
- Richardson v. ChickeringSupreme Court of New Hampshire · 1860
- State ex rel. Gwinn v. BucklinWashington Supreme Court · 1914
- City of Aurora v. WestIndiana Supreme Court · 1864
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