Legal Opinion

Attleborough Savings Bank v. Security Insurance

Massachusetts Supreme Judicial Court

Decided March 6, 1897PublishedCited by 16 opinions

Contract, upon a policy of insurance against loss by fire on certain property in South Wrentham. Trial in the Superior Court, without a jury, before Hoplcins, J., who found for the defendant; and, at the plaintiff’s request, reported the case for the determination of this court. If, upon all the facts, the plaintiff was entitled to judgment, such judgment was to be entered in the sum of $2,000; otherwise, judgment was to be entered upon the finding.

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Contract, upon a policy of insurance against loss by fire on certain property in South Wrentham. Trial in the Superior Court, without a jury, before Hoplcins, J., who found for the defendant; and, at the plaintiff’s request, reported the case for the determination of this court. If, upon all the facts, the plaintiff was entitled to judgment, such judgment was to be entered in the sum of $2,000; otherwise, judgment was to be entered upon the finding. The facts appear in the opinion.

1Opinion of the CourtLathrop, J.

This is an action on a policy of insurance against loss by fire, in the Massachusetts standard form, issued to Emma A. Briggs, and “ payable in case of loss to Attleborough Savings Bank, mortgagee, as its interest shall appear.” Among other things the policy provides that it shall be void if, without the assent of the company the property shall be sold ; and further, that, “ if this policy shall be made payable to a mortgagee of the insured real estate, no act or default of any person other than such mortgagee or his agents, or those claiming under him, shall affect such mortgagee’s right to…

2Cases cited1 opinion

  1. Palmer Savings Bank v. Insurance Co. of North AmericaMassachusetts Supreme Judicial Court · 1896

3Cited by16 opinions

  1. Eagle Star & British Dominions v. TadlockDistrict Court, S.D. California · 1938
  2. Great-West Life Assurance Co. v. General Accident Fire & Life Assurance Corp.Appellate Court of Illinois · 1983
  3. Trustees of Thayer Academy v. Corporation of the Royal Exchange Assurance of LondonMassachusetts Supreme Judicial Court · 1932
  4. Ben-Morris Co. v. Hanover InsuranceMassachusetts Appeals Court · 1975
  5. Lyons v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1902

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