Farrell v. German American Insurance
Massachusetts Supreme Judicial Court
Contract, to recover upon an award made under a policy of insurance against loss by fire issued by the defendant upon the plaintiff’s property in Dracut. Trial in the Superior Court, without a jury, before Lilley, J., who allowed a bill of exceptions, in substance as follows.
Read the full summary
Contract, to recover upon an award made under a policy of insurance against loss by fire issued by the defendant upon the plaintiff’s property in Dracut. Trial in the Superior Court, without a jury, before Lilley, J., who allowed a bill of exceptions, in substance as follows. The policy was in the form prescribed by St. 1887, c. 214, § 60, for the term of one year from February 1, 1892, and covered household furniture to the amount of $200, and stock in trade to the amount of $1,100, all situated in a frame building in Dracut, the loss being alleged to have been sustained by a fire which…
1Opinion of the CourtMorton, J.
This is an action to recover upon an award for a loss under a fire insurance policy, and was heard by the court without a jury.
The first question is whether the action was seasonably commenced. The writ was dated three days before the expiration of the time limited in the policy for the bringing of an action. The date of the writ was prima facie evidence of the commencement of the action. Veginan v. Morse, 160 Mass. 143. Bunker v. Shed, 8 Met.. 150. Gardner v. Webber, 17 Pick. 407, 412. There was nothing which as matter of law required the court to find that the writ was made provisionally.…
2Cases cited6 opinions
- Morville v. American Tract SocietyMassachusetts Supreme Judicial Court · 1877
- Veginan v. MorseMassachusetts Supreme Judicial Court · 1893
- Nichols v. NicholsMassachusetts Supreme Judicial Court · 1884
- Johnson v. WittMassachusetts Supreme Judicial Court · 1884
- Commonwealth v. DesmondMassachusetts Supreme Judicial Court · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Regan v. Atlantic Refining Co.Massachusetts Supreme Judicial Court · 1939
- Second Society of Universalists v. Royal InsuranceMassachusetts Supreme Judicial Court · 1915
- Doherty v. Phoenix InsuranceMassachusetts Supreme Judicial Court · 1916
- Westminster National Bank v. GrausteinMassachusetts Supreme Judicial Court · 1930
- Hanley v. Ætna InsuranceMassachusetts Supreme Judicial Court · 1913
7 more not listed; retrieve them via the Exa API.