Clement v. British American Assurance Co.
Massachusetts Supreme Judicial Court
Eight actions of contract upon policies of insurance, in the form prescribed by the Pub. Sts. c. 119, § 139, against loss by fire upon merchandise in a building in Boston. The cases were tried together in this court, before Holmes, J. The jury returned a verdict for the plaintiff in each case ; and the defendants alleged exceptions, which appear in the opinion.
1Opinion of the CourtMorton, C. J.
There are in these cases two bills of exceptions, raising many questions of law. The defendants have argued some questions which are not raised, but we can consider only those which are presented by the bills of exceptions.
1. The defendants objected to the admissibility of the auditor’s report as ev'dence, upon the ground that, by their contract, the parties have agreed upon a different mode of ascertaining the loss in case of fire, namely, by a reference to three disinterested men. It was held in the recent case of Reed v. Washington Ins. Co. 138 Mass. 572, that the clause in the standard…
2Cases cited4 opinions
- Reed v. Washington Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1885
- Edmunds v. Merchants' Despatch Transportation Co.Massachusetts Supreme Judicial Court · 1883
- Stoddard v. HamMassachusetts Supreme Judicial Court · 1880
- Brigham v. EvansMassachusetts Supreme Judicial Court · 1873
3Cited by20 opinions
- Patch v. City of BostonMassachusetts Supreme Judicial Court · 1888
- Ætna Insurance v. SimmonsNebraska Supreme Court · 1896
- Lamson Consolidated Store Service Co. v. Prudential Fire InsuranceMassachusetts Supreme Judicial Court · 1898
- Norcross Bros. v. VoseMassachusetts Supreme Judicial Court · 1908
- Holden v. MensingerCalifornia Supreme Court · 1917
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