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. A decision in this case upon . exceptions taken at a former trial is reported in 181 Mass. 101. The new trial in the Superior Court was before Pieree, J., who ruled and refused to rule as stated in the opinion.
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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. A decision in this case upon . exceptions taken at a former trial is reported in 181 Mass. 101. The new trial in the Superior Court was before Pieree, J., who ruled and refused to rule as stated in the opinion. The jury returned a verdict for the plaintiff in the sum of $1,981.38. They also made the following special findings on questions submitted to them by the judge: 1. Was the statement filed November…
1Opinion of the CourtHammond, J.
When this ease was before us upon exceptions taken at a former trial, it was held that the evidence as then presented did not warrant a finding that the sworn statement was furnished “ forthwith ” as required by the policy. Upon that ground the exceptions were sustained. The general question of the weight of the evidence as to a waiver of this provision of the policy was not considered, but, in view of the fact that the case might be tried again, it was said, for reasons stated in the opinion, that upon that question no inference unfavorable to the defendant could be drawn from the mere fact…
2Cases cited2 opinions
- Parker v. Middlesex Mutual Assurance Co.Massachusetts Supreme Judicial Court · 1901
- Cook v. North British & Mercantile InsuranceMassachusetts Supreme Judicial Court · 1902
3Cited by6 opinions
- Greenough v. Phoenix InsuranceMassachusetts Supreme Judicial Court · 1910
- Boruszweski v. Middlesex Mutual Assurance Co.Massachusetts Supreme Judicial Court · 1904
- Bennett v. Ætna InsuranceMassachusetts Supreme Judicial Court · 1909
- Rockwell v. Hamburg-Bremen Fire InsuranceMassachusetts Supreme Judicial Court · 1912
- Amory v. Reliance InsuranceMassachusetts Supreme Judicial Court · 1911
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