Powers v. New England Fire Insurance
Supreme Court of Vermont
Assumpsit upon a policy of fire insurance. Heard upon a general demurrer to the declaration at the September Term, 1896, Windham County, Start, J., presiding. The declaration, after setting forth the policy, alleged, among other things, the loss and proof thereof to the company. The declaration is insufficient because there is no allegation of a promise. The declaration is insufficient because the mortgageeisnot a plaintiff.
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Assumpsit upon a policy of fire insurance. Heard upon a general demurrer to the declaration at the September Term, 1896, Windham County, Start, J., presiding. The declaration, after setting forth the policy, alleged, among other things, the loss and proof thereof to the company. The declaration is insufficient because there is no allegation of a promise. The declaration is insufficient because the mortgageeisnot a plaintiff. He should have sued alone or have been joined with the mortgagor. Hanover Insurance Co. v. Brown, 77 Md. 64: 39 Am. St. 389; Trader's Insurance Co. v. Pacuad, 150 111.…
1Opinion of the CourtTaft, J.
It is claimed that the declaration discloses no promise, of the defendant to pay the plaintiff. The policy declared upon is set forth in words and figures, and shows a contract of insurance, the loss, if any, “to be paid sixty days after proof shall have been made.” This a.t least is an argumentative way of alleging that the defendant promised to pay the plaintiff, and is sufficient as against a general demurrer.
Can the plaintiff maintain this action? The contract was made with him,, the consideration moved from him, the promise was made to him, and the decisions in this State are, that a…
2Cases cited4 opinions
- Fugure v. Mutual Society of St. JosephSupreme Court of Vermont · 1874
- Wood v. Rutland & Addison Mutual Fire InsuranceSupreme Court of Vermont · 1859
- Davenport v. North Eastern Mutual Life Ass'nSupreme Court of Vermont · 1875
- Wife v. MooreSupreme Court of Vermont · 1872
3Cited by15 opinions
- Wilmington Housing Authority v. Fidelity & Deposit Co. of MarylandSupreme Court of Delaware · 1946
- Girard Et Ux. v. Vt. Mut. Fire Ins. Co.Supreme Court of Vermont · 1931
- Patterson's Admr. v. Modern Woodmen of AmericaSupreme Court of Vermont · 1915
- Van Dyke v. Grand Trunk Railway Co.Supreme Court of Vermont · 1911
- Baker v. RushfordSupreme Court of Vermont · 1917
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