Thomas v. Builders' Mutual Fire Insurance
Massachusetts Supreme Judicial Court
Contract upon a policy of insurance against fire, issued by the defendant to the plaintiffs. At the trial in the Superior Court, before Brigham, C. J., the defendant declined to argue the case to the jury under the instruction of the presiding judge, submitted to a verdict for the plaintiffs, and alleged exceptions to the rulings of the judge and to his refusal to rule as requested, the substance of which appears in the opinion.
1Opinion of the CourtDevens, J.
Many questions which were discussed at the trial and also at the hearing at bar, need not be considered, as there is one ground which we deem to be conclusive against the defence here sought to be established.
The policy of insurance, issued by the defendant upon December 13,1872, and taking effect on that day, was for the term of three years, and contained' the express condition “ that if the assured shall have made or shall hereafter make any other insurance upon said property without the knowledge or consent of *122this company in writing, then in such case this policy shall be void.”
On…
2Cases cited1 opinion
- Bardwell v. Conway Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1875
3Cited by20 opinions
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- Gurnett v. Atlas Mutual InsuranceSupreme Court of Iowa · 1904
- Hayes v. Milford Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1898
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