Legal Opinion

Kelly v. Home Insurance

Massachusetts Supreme Judicial Court

Decided October 15, 1867PublishedCited by 12 opinions

1Opinion of the CourtChapman, J.

Both of the policies on which these actions are brought insure the plaintiff on his stock of liquors and casks in a certain building in Southborough, occupied as a liquor store and private stable.

It appears that the stock consisted of nineteen barrels of whiskey ; and at the time of the insurance, and thereafter to the time of the loss, it was intended for sale in this Commonwealth. At various times after the insurance was made, the plaintiff did sell to various individuals quantities of the whiskey, varying from one glass to two gallons, without license or authority. The insurance was made…

2Cases cited5 opinions

  1. Armstrong v. TolerSupreme Court of the United States · 1826
  2. Territt v. BartlettSupreme Court of Vermont · 1849
  3. Russell v. De GrandMassachusetts Supreme Judicial Court · 1818
  4. Breed v. EatonMassachusetts Supreme Judicial Court · 1813
  5. Clark v. Protection Ins.U.S. Circuit Court for the District of Massachusetts · 1840

3Cited by12 opinions

  1. Royle Mining Co. v. Fidelity & Casualty Co.Missouri Court of Appeals · 1907
  2. Carrigan v. Lycoming Fire InsuranceSupreme Court of Vermont · 1881
  3. Hinckley v. Germania Fire InsuranceMassachusetts Supreme Judicial Court · 1885
  4. McMahon v. PearlmanMassachusetts Supreme Judicial Court · 1922
  5. Johnson v. Union Marine & Fire InsuranceMassachusetts Supreme Judicial Court · 1879

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