Phœnix Insurance v. Abbott
Massachusetts Supreme Judicial Court
Bill in equity, filed January 17, 1878, against Charles W. Abbott and the Massachusetts Loan and Trust Company, a corporation established under the laws of this Commonwealth, alleging, that, on September 20, 1875, the plaintiff issued to Abbott a policy of insurance in the sum of $2500, on .wool in a certain building, against loss by fire, payable in case of loss to the trust company; that the policy contained this clause, “ all fraud or false swearing on the part of the…
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Bill in equity, filed January 17, 1878, against Charles W. Abbott and the Massachusetts Loan and Trust Company, a corporation established under the laws of this Commonwealth, alleging, that, on September 20, 1875, the plaintiff issued to Abbott a policy of insurance in the sum of $2500, on .wool in a certain building, against loss by fire, payable in case of loss to the trust company; that the policy contained this clause, “ all fraud or false swearing on the part of the assured shall cause a forfeiture of all claim under this policy;” that in March 1876, while the policy was in force, Abbott…
1Opinion of the CourtSoule, J.
The plaintiff seeks to maintain its bill on the ground that it states a case within that clause of the Gen. Sts. c. 113, § 2, which provides for reaching by bill in equity ^he *560property of a debtor, which cannot be come at to be attached or taken on execution in a suit at law. The purpose and effect of that clause have been passed upon in many reported cases. The result of the decisions is, that a bill may be maintained where the object of the plaintiff is to reach and apply to the payment of his debt any property of the debtor in the hands or control of a third person, which is of such nature…
2Cases cited6 opinions
- Barry v. AbbotMassachusetts Supreme Judicial Court · 1868
- Heburn v. WarnerMassachusetts Supreme Judicial Court · 1873
- Tucker v. McDonaldMassachusetts Supreme Judicial Court · 1870
- Anthracite Insurance v. SearsMassachusetts Supreme Judicial Court · 1872
- Vantine v. MorseMassachusetts Supreme Judicial Court · 1870
1 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Stockbridge v. MixerMassachusetts Supreme Judicial Court · 1913
- Alexander v. McPeckMassachusetts Supreme Judicial Court · 1905
- Pettibone v. Toledo, Cincinnati, & St. Louis RailroadMassachusetts Supreme Judicial Court · 1889
- Bressler v. AverbuckMassachusetts Supreme Judicial Court · 1947
- McCann v. RandallMassachusetts Supreme Judicial Court · 1888
23 more not listed; retrieve them via the Exa API.