Allen v. Watertown Fire Insurance
Massachusetts Supreme Judicial Court
Bill in equity, filed October 29, 1880, to redeem land from a mortgage. The bill alleged that, on August 1, 1879, the defendant corporation, through its agent in Newton, issued to John Schools, on payment of a certain premium, a policy of insurance against fire in the sum of $1600 upon certain premises in Medway, owned by Schools and subject to a mortgage" of $1500 to Margaret Houghton, dated July 19, 1876, payable in case of loss to the mortgagee as her interest might…
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Bill in equity, filed October 29, 1880, to redeem land from a mortgage. The bill alleged that, on August 1, 1879, the defendant corporation, through its agent in Newton, issued to John Schools, on payment of a certain premium, a policy of insurance against fire in the sum of $1600 upon certain premises in Medway, owned by Schools and subject to a mortgage" of $1500 to Margaret Houghton, dated July 19, 1876, payable in case of loss to the mortgagee as her interest might appear; that the policy provided that it should be void if the insured premises should become vacated without the consent of…
1Opinion of the CourtW. Allen, J.
The plaintiff relies upon the case of Graves v. Hampden Ins. Co. 10 Allen, 281. In that case, a mortgagor, who had agreed to keep the buildings on the mortgaged premises insured for the benefit of the mortgagee, procured of the defendant a policy of insurance payable to the mortgagee in case of loss, which contained the provision that, if the title of the property should be in any way changed, the risk should determine, and also the provision that “no sale of the property shall affect the right of the mortgagee to recover in case of loss under the policy.” After the title of the property had…
2Cases cited4 opinions
- Springfield Fire & Marine Insurance v. AllenNew York Court of Appeals · 1871
- Foster v. . Van ReedNew York Court of Appeals · 1877
- Ulster County Savings Institution v. LeakeNew York Court of Appeals · 1878
- Honore v. Lamar Fire InsuranceIllinois Supreme Court · 1869
3Cited by21 opinions
- Loewenstein v. Queen InsuranceSupreme Court of Missouri · 1910
- Peoples Bank v. Insurance Co. of North AmericaSupreme Court of Georgia · 1917
- Tarrant Land Co. v. Palmetto Fire Ins. Co.Supreme Court of Alabama · 1930
- The Money Store/Massachusetts, Inc. v. Hingham Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1999
- Savings Bank of Ansonia v. SchancuppSupreme Court of Connecticut · 1928
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