Lycoming Fire Insurance v. Billings
Supreme Court of Vermont
This was an action in assumpsit to recover certain assessments on a premium note, given by the defendants to the plaintiff upon the issuing to them by it of a policy of insurance. The-motion on which the exceptions arose was heard at the September-Term of the Rutland County Court, 1888, Royce, Ch. J., presiding. The plaintiff excepted and the nature of the question raised appears in the opinion.
Read the full summary
This was an action in assumpsit to recover certain assessments on a premium note, given by the defendants to the plaintiff upon the issuing to them by it of a policy of insurance. The-motion on which the exceptions arose was heard at the September-Term of the Rutland County Court, 1888, Royce, Ch. J., presiding. The plaintiff excepted and the nature of the question raised appears in the opinion. The exceptions were passed to the* Supreme Court for hearing and determination before final judgment, under R. L. s. 1390. The court below refused to allow the amendment as a matter of law, and not as…
1Opinion of the Court
The opinion of the court was delive red by
Rowell, J.
The original declaration counted upon an insurance premium note for $350, dated July 13, 1877, for value received in policy No. 109692, issued by plaintiff to defendants, payable at such times as plaintiff’s directors might require agreeably to its act of incorporation. The declaration then went on and made the necessary allegations for the recovery of an assessment of 20 per cent on the amount of the note. The case standing for trial, plaintiff moved for leave to amend the declaration ■by filing new counts, which it presented, upon the note…
2Cases cited2 opinions
- Boyd v. BartlettSupreme Court of Vermont · 1863
- Hill v. SmithSupreme Court of Vermont · 1861
3Cited by4 opinions
- Appliance Acceptance Co. v. StevensSupreme Court of Vermont · 1960
- Davis's Admx. v. Rutland RailroadSupreme Court of Vermont · 1909
- Geroux's Admr. v. GravesSupreme Court of Vermont · 1890
- Spear's Admr. v. ArmstrongSupreme Court of Vermont · 1912