Foster v. Equitable Mutual Fire Insurance
Massachusetts Supreme Judicial Court
Action of contract on a policy of insurance, numbered 4882, and dated June 10th 1851, whereby the defendants, a corporation established by the laws of New Hampshire, in consideration of the payment of a premium of $2.30, and the giving of a deposit note for $66.50, insured Noah A. Worcester $1,330 on his dwelling-house in Stoneham in this county, for six years, “ under the conditions and limitations contained in the accompanying articles.”
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Action of contract on a policy of insurance, numbered 4882, and dated June 10th 1851, whereby the defendants, a corporation established by the laws of New Hampshire, in consideration of the payment of a premium of $2.30, and the giving of a deposit note for $66.50, insured Noah A. Worcester $1,330 on his dwelling-house in Stoneham in this county, for six years, “ under the conditions and limitations contained in the accompanying articles.” The articles annexed were the act of incorporation and by-laws of the company. ' The ■'burth section of the act of incorporation provides that “ the…
1Opinion of the CourtBigelow, J.
A clear understanding of the contract, which subsisted between the parties to this action at the time of the loss by fire, will lead to a ready solution of the questions raised by the agreed statement of facts.
The plaintiffs do not stand, as the argument for the defendants seems to assume, in the position of mere assignees of a policy, issued in the name of another person, and intended to cover only his interest in the property insured. Such would have been the relation of the parties, if the policy, originally •issued in the name of Worcester, had been assigned to the *219plaintiffs, with the…
2Cases cited1 opinion
- Tillou v. Kingston Mutual InsuranceNew York Supreme Court · 1850
3Cited by9 opinions
- Savarese v. Ohio Farmers Insurance Co. of LeroyNew York Court of Appeals · 1932
- Citizens Insurance Company of New Jersey, a Corporation v. Foxbilt, Inc., a CorporationCourt of Appeals for the Eighth Circuit · 1955
- Board of Trustees of First Congregational Church v. Cream City Mutual InsuranceSupreme Court of Minnesota · 1959
- Pink v. SmithMichigan Supreme Court · 1937
- Meader v. Farmers' Mutual Fire Relief Ass'nOregon Supreme Court · 1931
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