Little v. Phœnix Insurance
Massachusetts Supreme Judicial Court
Contract upon a policy of insurance, by which the defend- , ant insured the plaintiff against loss or damage by fire, in the snm of $3000, “ on his household furniture, useful and ornamental, wearing apparel, musical instruments, plate, plated ware, books, pictures, engravings, statuary and ornaments, situate in frame dwelling-house on North Beacon Street, corner of Chester Street, Brighton,” from August 19,1872, to August 19, 1877. The policy contained the following…
Read the full summary
Contract upon a policy of insurance, by which the defend- , ant insured the plaintiff against loss or damage by fire, in the snm of $3000, “ on his household furniture, useful and ornamental, wearing apparel, musical instruments, plate, plated ware, books, pictures, engravings, statuary and ornaments, situate in frame dwelling-house on North Beacon Street, corner of Chester Street, Brighton,” from August 19,1872, to August 19, 1877. The policy contained the following provisions: “ And the assured hereby covenants and engages that the representation given in the application for this insurance…
1Opinion of the CourtColt, J.
The plaintiff’s title to the furniture insured was acquired by bill of sale from Charles Green, absolute in form, but intended by the parties only as security for money lent. The property at the time of the sale was in a dwelling-house owned by the plaintiff, but occupied up to the time of the fire by Green. The parties to the sale went to the house, saw the property, and declared that possession of it was given to and received by the plaintiff. It remained in the custody of Green, but it was understood that while the latter was to have the use of it, the legal title was to be in the…
2Cases cited6 opinions
- Eastern Railroad v. Relief Firf InsuranceMassachusetts Supreme Judicial Court · 1868
- Williams v. Roger Williams InsuranceMassachusetts Supreme Judicial Court · 1871
- Eastern Railroad v. Relief Fire InsuranceMassachusetts Supreme Judicial Court · 1870
- Pennock v. McCormickMassachusetts Supreme Judicial Court · 1876
- Haley v. Manufacturers' Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Hartford Fire Insurance v. KeatingCourt of Appeals of Maryland · 1897
- Bowlus v. Phenix InsuranceIndiana Supreme Court · 1892
- Ætna Insurance v. ShryerIndiana Supreme Court · 1882
- Palumbo v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1935
- United States Health & Accident Insurance v. ClarkIndiana Court of Appeals · 1908
38 more not listed; retrieve them via the Exa API.