Blinn v. Dresden Mutual Fire Insurance
Supreme Judicial Court of Maine
On exceptions. The case is stated in the opinion. There was a verdict for the plaintiff in the sum of $426.03. He contended that he was entitled to recover the full amount of the policy, the property having that value, viz: $800.00, and after the verdict excepted to the instructions of the court.
1Opinion of the CourtFoster, J.
The defendant company insured the plaintiff’s house and ell against fire in the sum of seven hundred dollars. A total loss occurred, and this suit was brought, the plaintiff claiming to be entitled to the full amount named. The court instructed the jury that the plaintiff could recover, if at all, only two-thirds of the fair value of the house and ell above the cellar, not exceeding the amount insured, with interest. To this instruction the plaintiff excepted.
The only question presented is, whether by the terms of the policy, the plaintiff is entitled to recover only two-thirds the value of…
2Cases cited2 opinions
- Harris v. ClarkOhio Supreme Court · 1840
- Brown v. Quincy Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1870
3Cited by2 opinions
- Millis v. Scottish Union & National InsuranceMissouri Court of Appeals · 1902
- Walker v. WalkerNew Jersey Court of Chancery · 1883