Bohn Manufacturing Co. v. Sawyer
Massachusetts Supreme Judicial Court
Contract, to recover $603.34, one half the amount paid by the plaintiff for premiums on policies of insurance against loss by fire upon certain lumber. Trial in the Superior Court, before Q-askill, J., who allowed a bill of exceptions, in substance as follows.
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Contract, to recover $603.34, one half the amount paid by the plaintiff for premiums on policies of insurance against loss by fire upon certain lumber. Trial in the Superior Court, before Q-askill, J., who allowed a bill of exceptions, in substance as follows. It appeared that the plaintiff paid the sums of money for various policies of insurance upon the lumber, according to the account annexed to its declaration, all of the payments being made between April 22 and August 9, 1893, with the exception of one payment made on October 16, 1893 ; and that the plaintiff credited the defendant in…
1Opinion of the CourtAllen, J.
The defendant had an insurable interest in the lumber, although the title remained in the vendor till delivery. Wainer v. Milford Ins. Co. 153 Mass. 335, 341, 342. Amsinck v. American Ins. Co. 129 Mass. 185.
From the defendant’s silence in respect to the plaintiff’s proposal to effect insurance at their joint expense, and from his subsequent letters and conduct in respect to the policies, the jury might well infer that he assented to that proposal: and if the jury found that such was the fair import of his correspondence and acts, or that the plaintiff believed and had reason to believe that…
2Cases cited4 opinions
- Hobbs v. Massasoit Whip Co.Massachusetts Supreme Judicial Court · 1893
- West v. PlattMassachusetts Supreme Judicial Court · 1879
- Wainer v. Milford Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1891
- Amsinck v. American InsuranceMassachusetts Supreme Judicial Court · 1880
3Cited by13 opinions
- Kuzmeskus v. Pickup Motor Co. Inc.Massachusetts Supreme Judicial Court · 1953
- Spencer v. SpencerMassachusetts Supreme Judicial Court · 1902
- New York Central & Hudson River Railroad v. York & Whitney Co.Massachusetts Supreme Judicial Court · 1918
- Dutton v. BennettMassachusetts Supreme Judicial Court · 1926
- Greany v. McCormickMassachusetts Supreme Judicial Court · 1930
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