Albion Lead Works v. Williamsburg City Fire Insurance
U.S. Circuit Court for the District of Massachusetts
Action at law to recover for a loss by fire of the lead works and other property of the plaintiff corporation. The policy was dated May 26, 1875, and was renewed from year to year; the fire occurred May 2, 1878. The jury having found a verdict for the plaintiffs for $3,838.81, a new trial was moved for on the law and the facts.
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Action at law to recover for a loss by fire of the lead works and other property of the plaintiff corporation. The policy was dated May 26, 1875, and was renewed from year to year; the fire occurred May 2, 1878. The jury having found a verdict for the plaintiffs for $3,838.81, a new trial was moved for on the law and the facts. The facts material to the motion were as follows: Mr. Bobbins, an insurance broker in New York, was applied to in 1873 by one of the directors of the company to procure insurance upon their property, and went to Dighton, in Massachusetts, where the works were situated,…
1Opinion of the CourtLowell, C. J.
This case has been very carefully argued, and I have examined all the eases cited by counsel. One of the principal questions is whether there is a continuing warranty or stipulation on the part of the plaintiff to keep a watchman and an effective pump. The first printed condition, or set of conditions, makes the “application, plan, survey or description” of the property a part of the contract, and a warranty by the assured, so long as the policy is kept in force. No language could more fitly describe a continuing warranty, or at least one renewed every year; but being in print, and intended…
2Cases cited8 opinions
- Ripley v. . the &198tna Ins. Co.New York Court of Appeals · 1864
- Glendale Woolen Co. v. Protection Insurance Co.Supreme Court of Connecticut · 1851
- Higginson v. DallMassachusetts Supreme Judicial Court · 1816
- May v. Buckeye Mutual InsuranceWisconsin Supreme Court · 1870
- Gates v. . the Madison Co. Mutual Ins. Co.New York Court of Appeals · 1851
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Coleman Furniture Corp. v. Home Ins. Co. of New YorkCourt of Appeals for the Fourth Circuit · 1933
- Bellevue Roller Mill Co. v. London & Lancashire Fire InsuranceIdaho Supreme Court · 1895
- Central Montana Mines Co. v. Fireman's Fund InsuranceSupreme Court of Minnesota · 1904
- Williamsburg City Fire Insurance v. Weeks Drug Co.Texas Supreme Court · 1910
- Kugler v. Philadelphia Fire & Marine Ins.District Court, E.D. Louisiana · 1952
2 more not listed; retrieve them via the Exa API.