Archibald v. Queen Ins. Co.
| Court | Maine Supreme Court |
| Writing for the Court | PER CURIAM. |
| Citation | Archibald v. Queen Ins. Co., 115 Me. 564, 99 A. 771 (Me. 1917) |
| Decision Date | 05 February 1917 |
| Parties | ARCHIBALD v. QUEEN INS. CO. |
On motion from Supreme Judicial Court, Androscoggin County, at Law.
Action by Ernest U. Archibald against the Queen Insurance Company. Verdict for plaintiff, and defendant moves for new trial. Motion overruled.
Argued before SAVAGE, C. J., and CORNISH, BIRD, HALEY, HANSON, and MADIGAN, JJ.
McGillicuddy & Morey, of Lewiston, for plaintiff. W. R. Pattangall, of Augusta, for defendant.
Action to recover insurance on an automobile which was destroyed by fire December 23, 1915.
The plaintiff recovered a verdict for $1,507.94, and the case comes up on the defendant's general motion for a new trial.
The case discloses that the principal, if not the only, fact involved was upon the question of waiver on the part of the defendant of its rights under the stipulation in the policy that:
"This entire policy shall be void * * * if the interest of the insured in the policy be other than unconditional and sole ownership, or if the subject of this insurance be or become incumbered by any lien or mortgage."
In the absence of exceptions it is assumed that the issue was...
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Carpenter v. Susi
...Nat'l Bank of Pittsfield v. Morong, 1951, 146 Me. 430, 82 A.2d 98; Frye v. Kenney, 1939, 136 Me. 112, 3 A.2d 433; Archibald v. Queen Insurance Co., 1917, 115 Me. 564, 99 A. 771. We are called upon to determine the correct rule governing the construction of the bond and to measure the jury v......
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Seiders v. Testa
...as it apparently did, that they accepted it as true. In such circumstances, we think the verdict should stand. Archibald v. Queen Insurance Company, 115 Me. 564, 99 A. 771 (1917). Under well recognized rules, the verdict of a jury stands unless manifestly wrong and the Law Court takes the e......
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Shannon v. Baker
...exceptions to the charge, that if the refusal was not error, the instructions given were proper and sufficient. Archibald v. Queen Insurance Co., 115 Me. 564, 99 A. 771; Frye v. Kenney, 136 Me. 112, 3 A.2d The motions and exceptions are overruled for the reasons hereafter stated. The proces......
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Frye v. Kenney
...case. In the absence of exceptions, it is assumed that the issue was stated to the jury with proper instructions. Archibald v. Queen Ins. Co., 115 Me. 564, 99 A. 771. The Court cannot substitute its own judgment for that of the jury and we find that there was sufficient evidence upon which ......