Clark v. New England Mutual Fire Insurance
Massachusetts Supreme Judicial Court
This, was an action of assumpsit, tried before Fletcher, J., in this court, against the defendants, a corporation established by the laws of New Hampshire, and doing business at Concord in that state, on a policy of insurance executed by them, dated on the 18th of May, 1848, and numbered 1094, for $2200, on the plaintiff’s “ Tavern House ” in Fairhaven.
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This, was an action of assumpsit, tried before Fletcher, J., in this court, against the defendants, a corporation established by the laws of New Hampshire, and doing business at Concord in that state, on a policy of insurance executed by them, dated on the 18th of May, 1848, and numbered 1094, for $2200, on the plaintiff’s “ Tavern House ” in Fairhaven. The policy also included an insurance for $300 on the plaintiff’s shop, which had been alienated by him, before the commencement of this action, and for the loss of which he made no claim. It was agreed, that this shop, after the alienation,…
1Opinion of the CourtFletcher, J.
The first objection made by the defendants to the plaintiff’s right to recover is, that the plaintiff did not give notice of the loss, in the manner and within the time required by the by-laws of the company. The defendants were in fact notified of the loss, on the day after the fire, and in the manner stated in the report. Almost a week after this notice, the president of the defendants came to Fairhaven and New Bedford, and went to the ruins. The object of this visit of the president no doubt was, to make himself fully acquainted with all the facts and circumstances of the case. After the…
2Cases cited5 opinions
- Carpenter v. Providence Washington InsuranceSupreme Court of the United States · 1842
- Ætna Fire Insurance v. TylerCourt for the Trial of Impeachments and Correction of Errors · 1836
- McMasters v. Westchester County Mutual InsuranceNew York Supreme Court · 1841
- Vos v. RobinsonNew York Supreme Court · 1812
- Stacey v. Franklin Fire InsuranceSupreme Court of Pennsylvania · 1841
3Cited by51 opinions
- Sweet v. RechelSupreme Court of the United States · 1895
- Prince v. CrockerMassachusetts Supreme Judicial Court · 1896
- City of Boston v. Treasurer & Receiver GeneralMassachusetts Supreme Judicial Court · 1921
- Davis v. County CommissionersMassachusetts Supreme Judicial Court · 1891
- Grannis v. . StevensNew York Court of Appeals · 1916
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