Hills v. Home Insurance
Massachusetts Supreme Judicial Court
Contract upon a policy of insurance against fire, in the sum of $4500, for three years from October 80, 1877, upon certain buildings in the town of Norfolk, which were destroyed by fire on September 27, 1878. Writ dated February 27, 1879, and served on March 6 following.
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Contract upon a policy of insurance against fire, in the sum of $4500, for three years from October 80, 1877, upon certain buildings in the town of Norfolk, which were destroyed by fire on September 27, 1878. Writ dated February 27, 1879, and served on March 6 following. The answer contained a general denial, and alleged that the amount of the loss by the fire had been fixed by the award of arbitrators, chosen by the parties, under the following provision in the policy: “ In case differences shall arise touching any loss or damage, after proof thereof has been received in due form, the matter…
1Opinion of the CourtAmes, J.
The defendant places no reliance upon the first award, purporting to have been made by Williams, Shaw and McNutt. The arbitrator whom the plaintiff had selected took no part in the hearing, and apparently had no notice to attend. The other arbitrators saw fit to proceed without him, and, without any notice to the plaintiff, and of course without her consent or that of any person authorized to represent her, to substitute in his place a person whom the defendant had summoned to attend for the purpose of making a statement; an expression which we must suppose to mean, for the purpose of…
2Cases cited2 opinions
- Lawrence v. City of BostonMassachusetts Supreme Judicial Court · 1875
- Tucker v. Massachusetts Central RailroadMassachusetts Supreme Judicial Court · 1875
3Cited by9 opinions
- Second Society of Universalists v. Royal InsuranceMassachusetts Supreme Judicial Court · 1915
- Doherty v. Phoenix InsuranceMassachusetts Supreme Judicial Court · 1916
- State v. DalySupreme Court of Missouri · 1908
- Kempf v. RangerSupreme Court of Minnesota · 1916
- Providence Washington Insurance v. GulinsonSupreme Court of Colorado · 1923
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