Powers v. New England Fire Insurance
Supreme Court of Vermont
Assumpsit upon a policy of fire insurance. Plea, the general issue. Trial by jury at the September term, 1895, Windham county, Tyler, J. , presiding. Verdict and judgment for the plaintiff. The declaration contained the general counts and, as a part thereof, a count upon an account stated in the following ■words : “and also in the like further sum of money found to be due from the defendant to the plaintiff upon an account •due before that time stated between them.”
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Assumpsit upon a policy of fire insurance. Plea, the general issue. Trial by jury at the September term, 1895, Windham county, Tyler, J. , presiding. Verdict and judgment for the plaintiff. The declaration contained the general counts and, as a part thereof, a count upon an account stated in the following ■words : “and also in the like further sum of money found to be due from the defendant to the plaintiff upon an account •due before that time stated between them.” The plaintiff testified that after the fire, the adjuster, of the defendant came to where he was for the purpose of settling the…
1Opinion of the CourtTaft, J.
This is an action to recover upon a fire insurance contract. The declaration contains the general counts in assumpsit, and a special count declaring upon the policy.
When the policy was offered in evidence objection was made that the contract evidenced by it varied from the one set forth in the declaration.
*393I. The first claimed variance is, that it is stated in the declaration that the party was insured to the amount of one thousand dollars, while the provision of the contract is that the party was insured not to. exceed one thousand dollars. If the loss amounted to one thousand dollars then he…
2Cases cited4 opinions
- Smith v. Niagara Fire InsuranceSupreme Court of Vermont · 1887
- Tripp v. Vermont Life InsuranceSupreme Court of Vermont · 1882
- Cooledge v. Continental Ins.Supreme Court of Vermont · 1894
- Bates v. LeclairSupreme Court of Vermont · 1877
3Cited by9 opinions
- Allen v. Home Insurance Co.California Supreme Court · 1901
- Cummings v. Conn. Gen. Life Ins. Co.Supreme Court of Vermont · 1930
- Patterson's Admr. v. Modern Woodmen of AmericaSupreme Court of Vermont · 1915
- Germania Fire Ins. Co. v. BarringerSupreme Court of Oklahoma · 1914
- Daytona Bridge Co. v. BondSupreme Court of Florida · 1904
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