Holmes v. Charlestown Mutual Fire Insurance
Massachusetts Supreme Judicial Court
Assumpsit on a policy of insurance, dated May 9th 1840, whereby the defendants caused the plaintiffs, as trustees of the Methodist Episcopal Society in Worcester, to be insured against loss or damage by fire, for seven years, under the conditions and limitations expressed in the statute regulating mutual insurance companies, (Rev. Sts. c. 37,) and the rules and regulations of the defendants, “ thirty five hundred dollars on their meeting-house and fixtures in the same,…
Read the full summary
Assumpsit on a policy of insurance, dated May 9th 1840, whereby the defendants caused the plaintiffs, as trustees of the Methodist Episcopal Society in Worcester, to be insured against loss or damage by fire, for seven years, under the conditions and limitations expressed in the statute regulating mutual insurance companies, (Rev. Sts. c. 37,) and the rules and regulations of the defendants, “ thirty five hundred dollars on their meeting-house and fixtures in the same, situated in Worcester.” The defendants’ rules and regulations, referred to in the policy, were printed on the same sheet with…
1Opinion of the CourtHubbard, J.
Several questions of some importance have been raised and argued in this case, which it is unnecessary to decide. The question on which the case turns is, What sum was actually insured ? the defendants having paid all which they acknowledge to be due, before the trial of the action.
The policy itself is explicit. It assumes the risk as follows : Under the conditions and limitations expressed in the statute regulating mutual insurance companies, and the rules and regulations of the company, “ the sum of thirty five hundred dollars on their meeting-house and fixtures in the same, situated in…
2Cases cited3 opinions
- Bardstown & Louisville Railroad v. MetcalfeCourt of Appeals of Kentucky · 1862
- Higginson v. DallMassachusetts Supreme Judicial Court · 1816
- Wiggin v. BoardmanMassachusetts Supreme Judicial Court · 1817