Morrison v. Boston Insurance
Massachusetts Supreme Judicial Court
Contract upon a draft upon • the defendant, signed by its manager and delivered to the plaintiff in adjustment of a claim upon a policy of insurance against loss by fire. Writ dated October 15, 1917. In the Superior Court the action was tried before Fox, J. The material evidence is described in the opinion.
Read the full summary
Contract upon a draft upon • the defendant, signed by its manager and delivered to the plaintiff in adjustment of a claim upon a policy of insurance against loss by fire. Writ dated October 15, 1917. In the Superior Court the action was tried before Fox, J. The material evidence is described in the opinion. At the close of the evidence, the defendánt moved that a verdict be ordered in its favor, and, that motion being denied, requested 'that, among others, the following instructions be given to the jury: “1. On all the evidence the plaintiff cannot recover, and your . verdict must be for the…
1Opinion of the CourtBraley, J.
The defendant issued to the plaintiff a policy of insurance on a frame dwelling house, which having been partially destroyed by fire, the loss was adjusted by a draft payable at sight to the plaintiff’s order, who thereupon delivered to the company a receipt which purported not only to be in full of all claims and demands for loss and damage by fire, but also stated that the policy “is hereby cancelled and surrendered to the company.” The defendant having refused upon presentation to honor the draft, the present action is brought to enforce payment according to its tenor. The answer sets up…
2Cases cited12 opinions
- Lindenbaum v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1908
- Kennedy v. WelchMassachusetts Supreme Judicial Court · 1907
- Wainer v. Milford Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1891
- Merchants' Insurance Co. of Providence v. AbbottMassachusetts Supreme Judicial Court · 1881
- Graham v. MiddlebyMassachusetts Supreme Judicial Court · 1904
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Gechijian v. Richmond InsuranceMassachusetts Supreme Judicial Court · 1940
- Womble v. Dubuque Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1941
- Shumway v. Home Fire & Marine Insurance Co. of CaliforniaMassachusetts Supreme Judicial Court · 1938
- Emerson v. DemingMassachusetts Supreme Judicial Court · 1939
- Gormley v. Westchester Fire InsuranceMassachusetts Supreme Judicial Court · 1926
4 more not listed; retrieve them via the Exa API.