Legal Opinion

Mooney v. Howard Insurance

Massachusetts Supreme Judicial Court

Decided January 14, 1885PublishedCited by 14 opinions

Contract upon a policy of insurance against loss by fire. At the trial in the Superior Court, before Blodgett, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions, which appear in the opinion.

1Opinion of the CourtMorton, C. J.

The defendant insured the plaintiff “ on his stock of rags, old metals, bones, and barrels ” contained in his storehouse. The plaintiff is a junk-dealer, “ his stock ” consisting of old articles and materials, paper stock, pieces and fragments of all kinds, and it could not be particularly described in a policy or other contract without great prolixity. We think it was competent for the plaintiff to prove that, by a usage of the trade, the terms, “rags” and “ old metals” had acquired a broader signification than belongs to these words as commonly used.* It was an application of the rule that,…

2Cases cited3 opinions

  1. Astor v. Union InsuranceNew York Supreme Court · 1827
  2. Howard v. Great Western InsuranceMassachusetts Supreme Judicial Court · 1872
  3. Croucher v. WilderMassachusetts Supreme Judicial Court · 1867

3Cited by14 opinions

  1. Citizens & Southern Bank v. Union Warehouse & Compress Co.Supreme Court of Georgia · 1924
  2. Koshland v. Columbia InsuranceMassachusetts Supreme Judicial Court · 1921
  3. Morningstar v. CunninghamIndiana Supreme Court · 1887
  4. Menage v. RosenthalMassachusetts Supreme Judicial Court · 1900
  5. A. J. Tower Co. v. Southern Pacific Co.Massachusetts Supreme Judicial Court · 1904

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