Washington Mills Emery Manufacturing Co. v. Weymouth & Braintree Mutual Fire Insurance
Massachusetts Supreme Judicial Court
Contract upon a policy of insurance for $2400, against loss by fire, issued by the defendant company, dated February 5, 1878, for the term of one year, upon a frame building in Ash-land, which was totally destroyed by fire on August 17, 1878. At the trial in the Superior Court, before Putnam, J., the only evidence put in by either side was the report of an auditor.
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Contract upon a policy of insurance for $2400, against loss by fire, issued by the defendant company, dated February 5, 1878, for the term of one year, upon a frame building in Ash-land, which was totally destroyed by fire on August 17, 1878. At the trial in the Superior Court, before Putnam, J., the only evidence put in by either side was the report of an auditor. The judge declined to give certain rulings requested by the defendant ; ordered a verdict for the plaintiff in the sum of $2400; and reported the case for the determination of this court. The facts and rulings requested appear in…
1Opinion of the CourtMorton, C. J.
1. Upon the facts found by the auditor, it is admitted that, at the time the insurance was effected, and at the time of the loss, the plaintiff had an insurable interest in the property covered by the policy. The extent and value of that interest are in controversy. The plaintiff, being the owner of the buildings and of the land on which they stood, made a deed of the land to the city of Boston, dated November 20, 1877, which contained the following clause: “The grantor corporation excepts and reserves to itself all of the buildings and structures standing on the granted lands, with all…
2Cases cited4 opinions
- Fowle v. Springfield Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1877
- Commonwealth v. Hide & Leather InsuranceMassachusetts Supreme Judicial Court · 1873
- Walsh v. Fire Ass'n of PhiladelphiaMassachusetts Supreme Judicial Court · 1879
- Laurent v. Chatham Fire InsuranceThe Superior Court of New York City · 1828
3Cited by45 opinions
- Penn Mut. Life Ins. v. Mechanics' Savings Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1896
- McAnarney v. Newark Fire InsuranceNew York Court of Appeals · 1928
- Crisp v. Security National Insurance CompanyTexas Supreme Court · 1963
- Parsons, Rich & Co. v. LaneSupreme Court of Minnesota · 1906
- New England Gas & Electric Ass'n v. Ocean Accident & Guarantee Corp.Massachusetts Supreme Judicial Court · 1953
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