Hollister v. Quincy Mutual Fire Insurance
Massachusetts Supreme Judicial Court
Contract on- a policy of insurance, dated July 18,1871, by which the defendant insured the plaintiff against loss or damage by fire, to the amount of one thousand dollars, on a building in Greenfield, for five years. The answer denied that the policy was in force on July 4, 1873, when the building was destroyed by fire. Trial in the Superior Court, before Aldrieh, J., who ordered a verdict for the defendant, and reported the case for the consideration of this court.
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Contract on- a policy of insurance, dated July 18,1871, by which the defendant insured the plaintiff against loss or damage by fire, to the amount of one thousand dollars, on a building in Greenfield, for five years. The answer denied that the policy was in force on July 4, 1873, when the building was destroyed by fire. Trial in the Superior Court, before Aldrieh, J., who ordered a verdict for the defendant, and reported the case for the consideration of this court. The substance of the report appears in the opinion.
1Opinion of the CourtEndicott, J.
The thirteenth by-law- of the defendant provides that: “If the insured shall neglect for the space of ten days, when personally called on, or after notice in writing has been left at his last and usual place of abode or business, to pay any assessment, the risk of the company on the policy shall be suspended until the same is paid; and if the insured shall refuse to pay any assessment, or if for any other- cause the risk is. considered unequal or injurious to the company, the directors may terminate the same by giving notice thereof in writing signed by the secretary, either personally or by…
2Cited by10 opinions
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- Carter v. Empire Mutual InsuranceMassachusetts Appeals Court · 1978
- J. P. Lamb & Co. v. Merchants National Mutual Fire InsuranceNorth Dakota Supreme Court · 1908
- Stutzman v. Cicero Mutual Fire InsuranceWisconsin Supreme Court · 1912
- Struebing v. American InsuranceWisconsin Supreme Court · 1929
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