Faulkner v. Manchester Fire Assurance Co.
Massachusetts Supreme Judicial Court
Contract, upon a policy of insurance against loss by fire on premises situated in Lynn. At the trial in the Superior Court, before Dunbar, J., there was evidence tending to show that in 1895 the plaintiffs applied for- insurance upon their property, described in the policy as a “ frame building occupied for the manufacture of potato chips, situate No. 6 Washington Street, Lynn, Mass.,” to one Breed, an insurance broker, who had procured other insurance for them, and who made…
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Contract, upon a policy of insurance against loss by fire on premises situated in Lynn. At the trial in the Superior Court, before Dunbar, J., there was evidence tending to show that in 1895 the plaintiffs applied for- insurance upon their property, described in the policy as a “ frame building occupied for the manufacture of potato chips, situate No. 6 Washington Street, Lynn, Mass.,” to one Breed, an insurance broker, who had procured other insurance for them, and who made application therefor to one Madden, an authorized agent of the defendant in Lynn; that Madden issued a policy of the…
1Opinion of the CourtMorton, J.
We think that the plaintiffs’ right to recover was not affected by the mistake in the proof of loss in regard to the number of the building. The description of the building corresponded in other respects with that contained in the policy, and there is nothing to show that the defendant was misled or prejudiced by the error. It received the proof without objecting then, or during the subsequent negotiations, to the mistake in the number, and the jury might have found that it had waived any objection to the proof which it might have had on that ground. Blake v. Exchange Ins. Co. 12 Gray, 265.…
2Cases cited1 opinion
- Parker & Young Manufacturing Co. v. Exchange Fire InsuranceMassachusetts Supreme Judicial Court · 1896
3Cited by4 opinions
- Palumbo v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1935
- Pelaggi Co. v. Orient Ins. Co.Supreme Court of Vermont · 1930
- Horn v. Dorchester Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1908
- N. Pelaggi & Co. v. Orient InsuranceSupreme Court of Vermont · 1930