City of Fall River v. Ætna Insurance
Massachusetts Supreme Judicial Court
Contract on a policy of fire insurance, prosecuted in the name of the city of Fall River by the New York, New Haven, and Hartford Railroad Company, which had paid to that city the sum of $4,833 for the loss caused by a fire that on April 22, 1907, completely destroyed the premises alleged to have been insured. Writ dated June 20, 1908. In the Superior Court the case was tried before Ratigan, J., without a jury.
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Contract on a policy of fire insurance, prosecuted in the name of the city of Fall River by the New York, New Haven, and Hartford Railroad Company, which had paid to that city the sum of $4,833 for the loss caused by a fire that on April 22, 1907, completely destroyed the premises alleged to have been insured. Writ dated June 20, 1908. In the Superior Court the case was tried before Ratigan, J., without a jury. The judge found for the defendant; and the plaintiff alleged exceptions, raising the questions which are disposed of in the opinion.
1Opinion of the CourtLoring, J.
The defendant, at the trial, contended “thatthe plaintiff could not recover because the policy in question never took effect as a contract, and because if it did take effect as a contract, the amount of loss had not been determined by agreement or arbitration, and such arbitration had not been waived.” “The defendant makes no claim that the building in question became vacant by the removal of the owner or occupant.”
The ground on which the defendant has contended that the policy did not take effect as a contract is that it has brought this case within the rule laid down in Goddard v. Monitor…
2Cases cited11 opinions
- Leary v. William G. Webber Co.Massachusetts Supreme Judicial Court · 1911
- Leverone v. ArancioMassachusetts Supreme Judicial Court · 1901
- Hagar v. NortonMassachusetts Supreme Judicial Court · 1905
- Lamson Consolidated Store Service Co. v. Prudential Fire InsuranceMassachusetts Supreme Judicial Court · 1898
- Goddard v. Monitor Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1871
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3Cited by12 opinions
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- Palumbo v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1935
- Barton v. Automobile InsuranceMassachusetts Supreme Judicial Court · 1941
- Terrasi v. PeirceMassachusetts Supreme Judicial Court · 1939
- F. & M. Skirt Co. v. Rhode Island InsuranceMassachusetts Supreme Judicial Court · 1944
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