McCoubrey v. German American Insurance Co. of New York
Massachusetts Supreme Judicial Court
Contract, on a policy of insurance against fire. Writ dated September 12, 1898. The amount of the policy was SI,500, of which S500 was on machinery, tools, and fixtures, and SI,000 on stock in trade.
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Contract, on a policy of insurance against fire. Writ dated September 12, 1898. The amount of the policy was SI,500, of which S500 was on machinery, tools, and fixtures, and SI,000 on stock in trade. The answer alleged that after the fire the plaintiff attempted to defraud the company “ by stating in writing to the defendant that property of the plaintiff largely in excess of the property actually destroyed by said fire had been destroyed ” and that the policy thereby became void. At the trial in the Superior Court, before Hopkins, J., the following facts appeared: The insured property was…
1Opinion of the CourtKnowlton, J.
This was an action on a policy insuring the plaintiff’s goods. The principal question was whether there was fraud on the part of the plaintiff in making his proof of loss.
This proof of loss was also used before referees who were appointed under a provision in the policy to determine the amount of the loss.
The plaintiff made no request for instructions before the charge. After stating the issues, the judge, in an early part of the instructions, having reference apparently to the amount to be recovered, said : “ The burden is upon the plaintiff to satisfy you of what was there. You are to say…
2Cases cited1 opinion
- Boutelle v. DeanMassachusetts Supreme Judicial Court · 1888
3Cited by1 opinion
- Wharmby v. RichardsMassachusetts Supreme Judicial Court · 1931