Cook v. North British & Mercantile Insurance
Massachusetts Supreme Judicial Court
Contract on a fire insurance policy in the Massachusetts standard form on property destroyed by fire on October 7, 1898. Amended from a bill in equity which was filed April 15, 1899. At the trial in the Superior Court before Richardson, J., the jury returned a verdict for the plaintiff in the sum of $1,852.13; and the defendant alleged exceptions.
1Opinion of the CourtHammond, J.
The loss occurred on October 7, 1898, and a statement was signed and sworn to by the agent of the plaintiff December 15, 1898, and furnished to the defendant “ within a short time of its execution.” There was no objection to the form of proof, but the only question was whether the statement was rendered forthwith, as required by the terms of the policy.
The defendant in substance requested the judge to instruct the jury that the statement was not furnished in time, and that on the evidence no excuse was shown for the delay. The plaintiff contended that, even if that were so, still" the…
2Cases cited2 opinions
- Parker v. Middlesex Mutual Assurance Co.Massachusetts Supreme Judicial Court · 1901
- Brown v. HenryMassachusetts Supreme Judicial Court · 1899
3Cited by10 opinions
- Fitchburg Savings Bank v. Massachusetts Bonding & InsuranceMassachusetts Supreme Judicial Court · 1931
- Travelers' Ins. Co. of Hartford v. NaxCourt of Appeals for the Third Circuit · 1905
- Greenough v. Phoenix InsuranceMassachusetts Supreme Judicial Court · 1910
- McCord v. Masonic Casualty Co.Massachusetts Supreme Judicial Court · 1909
- Paul v. Fidelity & Casualty Co.Massachusetts Supreme Judicial Court · 1904
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