Hale v. Union Mutual Fire Insurance
Supreme Court of New Hampshire
Assumpsit on a policy of insurance against fire, issued to tbe plaintiff by the defendant, June 15, 1850. On a sale of the property insured to one Davis, tbe policy was assigned to him by tbe plaintiff, and Davis, to secure the purchase money, mortgaged back the premises, and reassigned the policy to the plaintiff.
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Assumpsit on a policy of insurance against fire, issued to tbe plaintiff by the defendant, June 15, 1850. On a sale of the property insured to one Davis, tbe policy was assigned to him by tbe plaintiff, and Davis, to secure the purchase money, mortgaged back the premises, and reassigned the policy to the plaintiff. The assignment and reassignment were made with the assent of the defendant, on the 23d of May, 1852. The twelfth article of the by-laws of the company is as follows : “If the insured shall neglect for the space of ten days, when personally called on, to pay any premium or…
1Opinion of the CourtPerley, C. J.
On this case the defendants have set up two grounds of defence: first, that the policy was discharged and vacated by the directors on the 27th of July, 1852, before the loss happened; second, that the insurance was suspended from and after the 24th of March, 1851, by the neglect of the plaintiff to pay the assessment of January, 1851, which was demanded March 13, 1851, and continued to be suspended down to the time of the loss. It is understood that the defendants now waive the first of these objections, and rely on the second.
The plaintiff contends that the by-law relied on by the defendants…
2Cited by2 opinions
- Gilbert v. ManchesterSupreme Court of New Hampshire · 1875
- Gilbert v. ManchesterSupreme Court of New Hampshire · 1875