Jeremiah Carpenter, Appellant v. the Providence Washington Insurance Company

THIS case was brought up by appeal from the Circuit Court of the United States for the District of Rhode Island, sitting as a court of equity. The bill was filed by Carpenter against the insurance company, and referred to an action at law, which he brought against said company, in 1839, and which was brought, by writ of error, to the Supreme Court of the United States. It is reported in 16 Peter, 495. The opinion of the court sets forth the facts in the case, and they need not be repeated. The present bill averred that the Providence Washington Insurance Company did receive notice of the existence of an insurance made at the office of the American Insurance Company, which said notice was given under the terms of the policy, and that it was the duty of said Providence Washington Insurance Company to have indorsed said notice upon said policy, at their office, or otherwise acknowledged the same in writing, by reason of which neglect the complainant lost his right at common law to claim the amount of the insurance, viz. fifteen thousand dollars. It then prayed for a decree to compel the said company to indorse said notice on said policy, or otherwise acknowledge the same in writing, according to the terms of their policy, as they long since ought to have done, and further to compel the said company to pay the said sum of fifteen thousand dollars, with interest, &c., &c.