Williams v. Roger Williams Insurance
Massachusetts Supreme Judicial Court
Contract on a policy of insurance, dated July 5, 1870, by which the defendants insured “ Little and Stanton, mortgagees,” in consideration of a premium by them paid, $3500 for one year on certain buildings and fixed machinery, “ situate in Huntington, Mass., and known as the C. F. Whitaker & Co.’s Mill,” payable in case of loss to the plaintiff, and containing, among others, these provisions : “ If the interest of the insured in the property, whether as owner, trustee,…
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Contract on a policy of insurance, dated July 5, 1870, by which the defendants insured “ Little and Stanton, mortgagees,” in consideration of a premium by them paid, $3500 for one year on certain buildings and fixed machinery, “ situate in Huntington, Mass., and known as the C. F. Whitaker & Co.’s Mill,” payable in case of loss to the plaintiff, and containing, among others, these provisions : “ If the interest of the insured in the property, whether as owner, trustee, consignee, factor, agent, mortgagee, lessee, or otherwise, is not truly stated in this policy, this policy shall be void.” “…
1Opinion of the CourtGbay, J.
It is admitted that Little and Stanton are the assured in this policy, and that the plaintiff is only the person to whom any sum recoverable under it is to be paid. Loring v. Manufacturers’ Insurance Co. 8 Gray, 28. Bates v. Equitable Insurance Co. 10 Wallace, 33. Upon the facts agreed by the parties, two questions have been argued, 1st. Whether Little and Stanton had an insurable interest; 2d. Whether, if they had that interest is well described in- the policy.
*3791. In the present state of the law, there can be no doubt that, at the time of procuring this policy, Little and Stanton, although…
2Cases cited4 opinions
- Hough v. City Fire InsuranceSupreme Court of Connecticut · 1860
- Eastern Railroad v. Relief Firf InsuranceMassachusetts Supreme Judicial Court · 1868
- Springfield Fire & Marine Insurance v. AllenNew York Court of Appeals · 1871
- Swift v. Vermont Mutual Fire InsuranceSupreme Court of Vermont · 1846
3Cited by34 opinions
- Hanover Fire Insurance v. BohnNebraska Supreme Court · 1896
- Kyte v. Commercial Union Assurance Co.Massachusetts Supreme Judicial Court · 1887
- Little v. Phœnix InsuranceMassachusetts Supreme Judicial Court · 1877
- Wainer v. Milford Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1891
- Crossman v. American InsuranceMichigan Supreme Court · 1917
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