McDowell v. Ætna Insurance
Massachusetts Supreme Judicial Court
Three actions of contract, upon policies of insurance in the standard form, against loss by fire, on January 1, 1894, on certain property in Conway. Trial in the Superior Court, without a jury, before Richardson, J., who found for the plaintiff in each case; and the defendants alleged exceptions, in substance as follows. Each policy contained the regular provision as to submission to arbitration in the case of loss.
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Three actions of contract, upon policies of insurance in the standard form, against loss by fire, on January 1, 1894, on certain property in Conway. Trial in the Superior Court, without a jury, before Richardson, J., who found for the plaintiff in each case; and the defendants alleged exceptions, in substance as follows. Each policy contained the regular provision as to submission to arbitration in the case of loss. In none of the cases was there any reference, or any arbitrators appointed, or any step taken by any of the defendants with regard thereto. The only evidence as to any attempt by…
1Opinion of the CourtMorton, J.
The principal question in these cases relates to the admission of secondary evidence of the contents of certain letters which the court found were duly sent, postage paid, by the counsel for the plaintiff to the defendants, and their attorneys of record in these suits, and which according to the well settled rule in such cases were prima facie received by the persons to whom they were sent. Huntley v. Whittier, 105 Mass. 391. Briggs v. Hervey, 130 Mass. 186. Marston v. Bigelow, 150 Mass. 45.
None of the originals were produced by the defendants. But there is nothing tending to show that they…
2Cases cited6 opinions
- Huntley v. WhittierMassachusetts Supreme Judicial Court · 1870
- Briggs v. HerveyMassachusetts Supreme Judicial Court · 1881
- Marston v. BigelowMassachusetts Supreme Judicial Court · 1889
- Woodcock v. FarrellCourt of Appeals of Kentucky · 1858
- Vasse v. MifflinDistrict Court, E.D. Pennsylvania · 1825
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Eveland v. LawsonMassachusetts Supreme Judicial Court · 1921
- Hayes v. Milford Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1898
- Sonnenfeld v. RosenthalSupreme Court of Missouri · 1912
- Torres v. Kansas City, M. & O. Ry. Co. of TexasCourt of Appeals of Texas · 1930
- Hawley v. Preferred Mutual Insurance Co.Massachusetts Appeals Court · 2015
4 more not listed; retrieve them via the Exa API.