Fuller v. New York Fire Insurance
Massachusetts Supreme Judicial Court
Seven actions of contract by the trustee in bankruptcy of the estate of Charles E. Callender, against seven different insurance companies, each upon a policy of insurance against fire in the Massachusetts standard form with the rider quoted by the court. Writs dated October 8, 1900. In the Superior Court the cases were tried before Fox, J. In each case the jury returned a verdict for the plaintiff. The defendants alleged exceptions.
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Seven actions of contract by the trustee in bankruptcy of the estate of Charles E. Callender, against seven different insurance companies, each upon a policy of insurance against fire in the Massachusetts standard form with the rider quoted by the court. Writs dated October 8, 1900. In the Superior Court the cases were tried before Fox, J. In each case the jury returned a verdict for the plaintiff. The defendants alleged exceptions. Among the defendants’ requests for rulings refused by the judge were the following, which are referred to by the court but not stated: “ 2. The filing of the…
1Opinion of the CourtBarker, J.
These actions are in contract upon policies of fire insurance issued to one Callender upon his mill. They were tried together and with a verdict for the plaintiff in each case. On March 2, 1900, Callender filed a voluntary petition in bankruptcy and was adjudicated a bankrupt. On March 10, 1900, at 12.30 o’clock P. M. a receiver of the bankrupt’s estate was appointed and at 7.45 p. M. on the same day the insured property was destroyed by fire. On April 23,1900, the plaintiff was appointed trustee in bankruptcy, and thereafter brought the actions.
One exception was to the introduction of…
2Cases cited4 opinions
- Campbell v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1867
- Parker v. Middlesex Mutual Assurance Co.Massachusetts Supreme Judicial Court · 1901
- Hewins v. BakerMassachusetts Supreme Judicial Court · 1894
- McLoon v. Commercial Mutual InsuranceMassachusetts Supreme Judicial Court · 1868
3Cited by23 opinions
- Inhabitants of Wakefield v. American Surety Co. of New YorkMassachusetts Supreme Judicial Court · 1911
- Greenwich Bank v. Hartford Fire Insurance Co. of HartfordNew York Court of Appeals · 1928
- Greenough v. Phoenix InsuranceMassachusetts Supreme Judicial Court · 1910
- Danciger & Emerich Oil Co. v. SmithSupreme Court of the United States · 1928
- Barker v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1908
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