Wheeler v. Watertown Fire Insurance
Massachusetts Supreme Judicial Court
Contract upon a policy of insurance, dated May 15, 1878, by which the defendant insured against loss or damage, by fire, for one year, “A. W. Curtis, assignee of estate of Lorenzo Bemis, to the amount of three thousand dollars: $2200 on his two-story frame dwelling-house, L and wood-house attached, situate west part of Spencer, $800 on frame barn attached. Payable in case of loss to E. M. Wheeler as his mortgage interest may appear.
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Contract upon a policy of insurance, dated May 15, 1878, by which the defendant insured against loss or damage, by fire, for one year, “A. W. Curtis, assignee of estate of Lorenzo Bemis, to the amount of three thousand dollars: $2200 on his two-story frame dwelling-house, L and wood-house attached, situate west part of Spencer, $800 on frame barn attached. Payable in case of loss to E. M. Wheeler as his mortgage interest may appear. It is understood that the property hereby insured belongs to estate of Lorenzo Bemis, bankrupt, and is insured by bankrupt for benefit of said estate.” The policy…
1Opinion of the CourtSoule, J.
The finding that the policy was duly executed, issued and delivered was warranted by the facts stated in the auditor s report. It was immaterial to the defendant how the parties interested in the policy arranged for payment of the pre mium. All that concerned the defendant was that the premium was paid to it with the consent and in behalf of the assured. If the agent of the defendant chose to pay the amount to the defendant, giving credit for the whole or a part to Bemis or to his assignee, such payment was good against the defendant, and entitled the assured to the policy. White v.…
2Cases cited5 opinions
- White v. Connecticut Fire InsuranceMassachusetts Supreme Judicial Court · 1876
- Thomas v. Builders' Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1875
- City Five Cents Savings Bank v. Pennsylvania Fire InsuranceMassachusetts Supreme Judicial Court · 1877
- Markey v. Mutual Benefit Life InsuranceMassachusetts Supreme Judicial Court · 1879
- Taylor v. Ætna InsuranceMassachusetts Supreme Judicial Court · 1876
3Cited by12 opinions
- Palmer Savings Bank v. Insurance Co. of North AmericaMassachusetts Supreme Judicial Court · 1896
- Wainer v. Milford Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1891
- Harnden v. Milwaukee Mechanics' InsuranceMassachusetts Supreme Judicial Court · 1895
- Roberta Manufacturing Co. v. Royal Exchange Assurance Co.Supreme Court of North Carolina · 1912
- Green v. Star Fire InsuranceMassachusetts Supreme Judicial Court · 1906
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