Goddard v. Monitor Mutual Fire Insurance
Massachusetts Supreme Judicial Court
Contract on a policy issued by tbe defendants under date of October 1, 1869, insuring the plaintiff in the sum of $2500, for one year from that date, against loss or damage by fire, “ on his frame two story building, occupied as a machine shop and situ ated” in Worcester.
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Contract on a policy issued by tbe defendants under date of October 1, 1869, insuring the plaintiff in the sum of $2500, for one year from that date, against loss or damage by fire, “ on his frame two story building, occupied as a machine shop and situ ated” in Worcester. The policy was expressed upon its face to be “ made and accepted upon the following express conditions, viz : that the application for the insurance is a part of the contract ; ” “ that if the risk shall be increased by any means whatever within the control of the assured, this policy shall be void; ” “and whenever a…
1Opinion of the CourtAmes, J.
It is a fatal defect in the plaintiff’s case that the policy professes to insure a machine shop, and that the building destroyed by fire was not a machine shop. It would be doing great violence to language to contend that a building in which organs and melodeons are manufactured can be correctly described as a machine shop. It appears by the report of the case, that the risk of destruction by fire is greater in the case of a building in which organs and melodeons are manufactured, than in that of one in which machinery is manufactured. The representation therefore was material, and it was…
2Cases cited2 opinions
- Campbell v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1867
- Carpenter v. American Ins.U.S. Circuit Court for the District of Rhode Island · 1839
3Cited by21 opinions
- Indiana Insurance v. HartwellIndiana Supreme Court · 1890
- Harris v. North American InsuranceMassachusetts Supreme Judicial Court · 1906
- Shawnee Mut. Fire Ins. Co. v. McClureSupreme Court of Oklahoma · 1913
- Thomas v. Commercial Union Assurance Co.Massachusetts Supreme Judicial Court · 1894
- Ring v. Phœnix Assurance Co.Massachusetts Supreme Judicial Court · 1888
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