Doyle v. American Fire Insurance
Massachusetts Supreme Judicial Court
Contract on a policy of insurance for the loss of a barn and its contents, destroyed by fire on April 19, 1897, brought by the plaintiff for his own benefit and also for the benefit of Kate W. Rice, as administratrix of the estate of Richard Wood, deceased, the mortgagee named in the policy and to whom it was made payable in case of loss as his interest might appear.
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Contract on a policy of insurance for the loss of a barn and its contents, destroyed by fire on April 19, 1897, brought by the plaintiff for his own benefit and also for the benefit of Kate W. Rice, as administratrix of the estate of Richard Wood, deceased, the mortgagee named in the policy and to whom it was made payable in case of loss as his interest might appear. Writ in the District Court of Southern Berkshire dated September 17, 1897. Coming by appeal to the Superior Court, the case was tried by Maynard, J., without a jury. The evidence showed, and it was admitted, that the property…
1Opinion of the Court
' Knowltob, J.
The important question in this case is whether the plaintiff had an insurable interest in his wife’s real estate. The facts stated in the supplemental report are immaterial, and the other facts in reference to the changes in title and occupation do not affect the general question which arises whenever a husband, after the birth of a living child, seeks to obtain insurance in his own name on a building attached to his wife’s land. '
The plaintiff’s relation to the property was that of a tenant by the curtesy initiate. Until the enactment of the St. 1900, c. 450, which took effect…
2Cases cited19 opinions
- Rohrbach v. . Germania Fire Ins. Co.New York Court of Appeals · 1875
- Hooper v. RobinsonSupreme Court of the United States · 1879
- Eastern Railroad v. Relief Firf InsuranceMassachusetts Supreme Judicial Court · 1868
- Washington Mills Emery Manufacturing Co. v. Weymouth & Braintree Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1883
- Kyte v. Commercial Union Assurance Co.Massachusetts Supreme Judicial Court · 1887
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3Cited by12 opinions
- Patterson v. Durand Farmers Mutual Fire InsuranceAppellate Court of Illinois · 1940
- Harrington v. Agricultural Insurance Co.Supreme Court of Minnesota · 1930
- Womble v. Dubuque Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1941
- Getchell v. Mercantile & Manufacturer's Mutual Fire InsuranceSupreme Judicial Court of Maine · 1912
- Kludt v. German Mutual Fire InsuranceWisconsin Supreme Court · 1913
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