Allyn v. Allyn
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court, to enforce an agreement entered into on April 3,1888, between the defendant, described as of Montgomery, as the party of the first part, and Charles N. Stimpson, as the party of the second part, as follows: “ The party of the first part hereby agrees to sell, and the party of the second part to purchase, a certain estate, situate in said Montgomery, and bounded as follows, to wit, [here followed a description of the estate in…
Read the full summary
Bill in equity, filed in the Superior Court, to enforce an agreement entered into on April 3,1888, between the defendant, described as of Montgomery, as the party of the first part, and Charles N. Stimpson, as the party of the second part, as follows: “ The party of the first part hereby agrees to sell, and the party of the second part to purchase, a certain estate, situate in said Montgomery, and bounded as follows, to wit, [here followed a description of the estate in question,] and contains about seven eighths of an acre, buildings thereon also included. Party of second part to have…
1Opinion of the CourtMorton, J.
We think the decree in this case should be affirmed. It is evident from the agreement that the parties contracted with reference to the possibility that the buildings might be destroyed by fire. They expressly agreed as follows: “ Party of first part [the defendant] to keep said premises insured for the benefit of party of second part, as his interest may appear; and if party of second part leaves the house vacant at any time, he is to pay for all extra insurance.” The report states that, at the time the agreement was entered into, it was understood by the parties that the insurance of eight…
2Cases cited4 opinions
- Columbian Insurance Co. of Alexandria v. LawrenceSupreme Court of the United States · 1829
- Ætna Fire Insurance v. TylerCourt for the Trial of Impeachments and Correction of Errors · 1836
- Wells v. CalnanMassachusetts Supreme Judicial Court · 1871
- McGivney v. Phœnix Fire InsuranceNew York Supreme Court · 1828
3Cited by9 opinions
- Hawkes v. KehoeMassachusetts Supreme Judicial Court · 1907
- Montgomery Door & Sash Co. v. Atlantic Lumber Co.Massachusetts Supreme Judicial Court · 1910
- Vancouver Nat. Bank v. Law Union & Crown Ins.U.S. Circuit Court for the District of Oregon · 1907
- Westminster National Bank v. GrausteinMassachusetts Supreme Judicial Court · 1930
- World Exhibit Corp. v. City Bank Farmers Trust Co.Appellate Division of the Supreme Court of the State of New York · 1946
4 more not listed; retrieve them via the Exa API.