Clinton v. Norfolk Mutual Fire Insurance
Massachusetts Supreme Judicial Court
Contract, upon a policy of insurance. Writ dated February 10,1897. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, upon agreed facts, in substance as follows. On and before January 1,1894, the plaintiff was .the owner in fee of a certain parcel of real estate, consisting of land containing thirty-one acres and four rods, with a dwelling-house and barn thereon, in Canton.
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Contract, upon a policy of insurance. Writ dated February 10,1897. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, upon agreed facts, in substance as follows. On and before January 1,1894, the plaintiff was .the owner in fee of a certain parcel of real estate, consisting of land containing thirty-one acres and four rods, with a dwelling-house and barn thereon, in Canton. On said January 1, he made written application for, and the defendant company issued to him, a policy, whereby it insured the dwelling-house and barn against loss…
1Opinion of the CourtHammond, J.
By his deed to Forbes the plaintiff conveyed all his interest in the buildings insured except an estate for his life in the house. This life estate was carved out of the fee previously owned by him, and was held by the same title as before the conveyance. He sold his entire interest in the barn,, but only part of his interest in the house. The only question is whether the policy was thereby avoided as to his remaining interest in the house.
The defendant contends that the policy is thus avoided, and relies upon the clauses which provide that it shall be void if, without the consent of the…
2Cases cited12 opinions
- Ayres v. Hartford Fire InsuranceSupreme Court of Iowa · 1864
- Stetson v. Massachusetts Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1808
- Hitchcock v. . the North Western Insurance CompanyNew York Court of Appeals · 1862
- Power v. Ocean InsuranceSupreme Court of Louisiana · 1841
- Oakes v. Manufacturers' Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1881
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- Adler v. Safeguard InsuranceMassachusetts Supreme Judicial Court · 1934
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