McQuaid v. Ætna Insurance
Massachusetts Supreme Judicial Court
Contract, the first count on an alleged policy of insurance, on which count it was conceded by the plaintiff that there was no evidence, and the second count on an alleged oral contract of insurance against fire for a period of six months from July 24, 1913, on household furniture to the amount of $2,000 in a certain dwelling house in Squantum, which was destroyed totally by fire on December 23, 1913. Writ dated March 14, 1914. In the Superior Court the case was tried before…
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Contract, the first count on an alleged policy of insurance, on which count it was conceded by the plaintiff that there was no evidence, and the second count on an alleged oral contract of insurance against fire for a period of six months from July 24, 1913, on household furniture to the amount of $2,000 in a certain dwelling house in Squantum, which was destroyed totally by fire on December 23, 1913. Writ dated March 14, 1914. In the Superior Court the case was tried before Brown, J. The evidence is described in the opinion. At the close of the evidence the defendant asked the judge to order…
1Opinion of the CourtRugg, C. J.
There were two counts in the plaintiff’s declaration. The first was based on the theory that the defendant had insured her property by the issuance of a written contract of insurance. At the trial it was conceded by the plaintiff that there could be no recovery on that count and it drops out of the case. The second count, which now alone is material, alleged that the defendant on July 24,1913, orally agreed with her to and did then insure her property against loss by fire for á period of six months in the sum of $2,000. The plaintiff’s case is not that there was a contract to insure in the…
2Cases cited8 opinions
- Sanford v. Orient InsuranceMassachusetts Supreme Judicial Court · 1899
- Cunningham v. Connecticut Fire InsuranceMassachusetts Supreme Judicial Court · 1909
- Putnam v. Home InsuranceMassachusetts Supreme Judicial Court · 1877
- Brown v. Franklin Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1896
- Emery v. Boston Marine InsuranceMassachusetts Supreme Judicial Court · 1885
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Cass v. LordMassachusetts Supreme Judicial Court · 1920
- Shumway v. Home Fire & Marine Insurance Co. of CaliforniaMassachusetts Supreme Judicial Court · 1938
- DeCesare v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1932
- Hurd v. Maine Mutual Fire InsuranceSupreme Judicial Court of Maine · 1942
- Quinn-Shepherdson Co. v. United States Fidelity & Guaranty Co.Supreme Court of Minnesota · 1919
13 more not listed; retrieve them via the Exa API.