Legal Opinion

Palatine Insurance Co. of London, Ltd. v. Kehoe

Massachusetts Supreme Judicial Court

Decided January 2, 1912Published

Tort for deceit, to recover the sum of 1844.90 paid to the defendant on a loss of household furniture and other articles of personal property under a policy which was issued by the plaintiff when the property described in it was in a frame apartment house with stores underneath it, on Ocean Avenue in Revere, known as the Irving Cottage.

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Tort for deceit, to recover the sum of 1844.90 paid to the defendant on a loss of household furniture and other articles of personal property under a policy which was issued by the plaintiff when the property described in it was in a frame apartment house with stores underneath it, on Ocean Avenue in Revere, known as the Irving Cottage. Writ in the Municipal Court of the City of Boston dated September 19, 1905. On appeal to the Superior Court the case first was tried before Hitchcock, J. The jury returned a verdict for the defendant, and exceptions alleged, by the plaintiff were sustained in…

1Opinion of the CourtDeCourcy, J.

This is an action of tort for deceit, to recover back the sum of $844.90 paid to the defendant on a loss of personal property under a policy issued by the plaintiff. There was a verdict for the plaintiff and the case is here on certain exceptions taken by the defendant.

I. The defendant requested the judge to rule that upon all the evidence the plaintiff could not recover, and excepted to the *429refusal of the judge so to rule. This exception might well be overruled on the ground that the record before us does not purport to contain all the evidence. But, even on the facts- set forth in the bill…

2Cases cited1 opinion

  1. Palatine Insurance Co. of London v. KehoeMassachusetts Supreme Judicial Court · 1908

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