Johnston v. Trade Insurance
Massachusetts Supreme Judicial Court
Contract. The writ, returnable to the Superior Court, described the plaintiff as of Wilmington in the county of Newcastle in the State of Delaware, and the defendant as a corporation duly established by law in Camden in the State of New Jersey, having a usual place of business in Boston in this Commonwealth.
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Contract. The writ, returnable to the Superior Court, described the plaintiff as of Wilmington in the county of Newcastle in the State of Delaware, and the defendant as a corporation duly established by law in Camden in the State of New Jersey, having a usual place of business in Boston in this Commonwealth. The declaration alleged that the defendant issued a policy of insurance against loss by fire to James E. Price on property situated in the State of Delaware, payable to the plaintiff as mortgagee; that a loss had occurred to the amount of SI 250, and that the defendant refused to pay the…
1Opinion of the CourtEndicott, J.
It has been decided in this Commonwealth, that one foreigner may sue another in our courts upon a simple contract debt made without our jurisdiction, if the defendant is found here and process can be legally served upon him. Roberts v. Knights, 7 Allen, 449. Peabody v. Hamilton, 106 Mass. 217. Barrell v. Benjamin, 15 Mass. 354.
In the case at bar, the plaintiff is a citizen of Delaware, and the defendant is a corporation established by the laws of New Jersey; and the action is brought upon a policy of insurance issued in Pennsylvania upon property in Delaware, and payable to the plaintiff as…
2Cases cited3 opinions
- Peabody v. HamiltonMassachusetts Supreme Judicial Court · 1870
- Barrell v. BenjaminMassachusetts Supreme Judicial Court · 1819
- Morton v. Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1870
3Cited by27 opinions
- Universal Adjustment Corp. v. Midland Bank, Ltd., of LondonMassachusetts Supreme Judicial Court · 1933
- Bagdon v. Philadelphia & Reading Coal & Iron Co.New York Court of Appeals · 1916
- State ex rel. Pacific Mutual Life Insurance v. GrimmSupreme Court of Missouri · 1912
- State Ex Rel. Kahn v. TazwellOregon Supreme Court · 1928
- State ex rel. Mackey v. District CourtMontana Supreme Court · 1910
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