Butterworth v. Western Assurance Co.
Massachusetts Supreme Judicial Court
Two actions OR contract upon policies of insurance on machinery, fixtures, stock and furniture in a building occupied by the plaintiffs for the manufacture of boots and shoes in East Brookfield. The cases were tried together in this court, before Lord, J., who ordered a verdict for the plaintiff in each case; and reported the cases for the determination of the full court.
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Two actions OR contract upon policies of insurance on machinery, fixtures, stock and furniture in a building occupied by the plaintiffs for the manufacture of boots and shoes in East Brookfield. The cases were tried together in this court, before Lord, J., who ordered a verdict for the plaintiff in each case; and reported the cases for the determination of the full court. If the rulings were correct, judgments were to be entered on the verdicts; otherwise, the verdicts were to be set aside or modified, or such order entered as the court might determine. The facts appear in the opinion.
1Opinion of the CourtMorton, C. J.
The court is of opinion that none of the reasons assigned by the defendants furnish sufficient grounds for setting aside the verdict in either of these cases.
1. The demurrer to the second count of the declaration as it stood after the final amendment was properly overruled. It is not necessary to set out a copy of the policy. In each case *491the declaration alleges that the defendant made to the plaintiffs a policy of insurance, and then sets out its legal effect in terms which, if supported by proofs, would entitle the plaintiffs to recover. The objection which the defendant makes to it is,…
2Cases cited3 opinions
- Stoops v. SmithMassachusetts Supreme Judicial Court · 1868
- Eastern Railroad v. Relief Fire InsuranceMassachusetts Supreme Judicial Court · 1870
- Packard v. ReynoldsMassachusetts Supreme Judicial Court · 1868
3Cited by19 opinions
- Bernhard v. Rochester German InsuranceSupreme Court of Connecticut · 1906
- Starkie v. RichmondMassachusetts Supreme Judicial Court · 1892
- Palumbo v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1935
- L'Engle v. Scottish Union & National Fire InsuranceSupreme Court of Florida · 1904
- Shapiro v. Security InsuranceMassachusetts Supreme Judicial Court · 1926
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