Todd v. Traders & Mechanics Insurance
Massachusetts Supreme Judicial Court
Six actions of contract upon policies of fire insurance; Writs dated July 23, 1915. A defence set up in the answers was “that the plaintiffs’ unlawful act contributed to their loss, namely, that they did either personally or through their agents cause a fire to be built upon said premises without first having obtained a permit to do so, the same being in violation o^f St. 1911, c. 244, and that the plaintiffs are therefore estopped from recovering under said contract of…
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Six actions of contract upon policies of fire insurance; Writs dated July 23, 1915. A defence set up in the answers was “that the plaintiffs’ unlawful act contributed to their loss, namely, that they did either personally or through their agents cause a fire to be built upon said premises without first having obtained a permit to do so, the same being in violation o^f St. 1911, c. 244, and that the plaintiffs are therefore estopped from recovering under said contract of insurance.” The actions were tried together before Bell, J. The material evidence is described in the opinion. At the close…
1Opinion of the CourtDe Courcy, J.
These are six actions upon fire insurance policies, in the Massachusetts standard form, to recover for loss or damage by fire. The plaintiffs owned the premises as trustees under the will of George G. Tarbell, deceased; and the plaintiff Tarbell was the sole beneficiary. The buildings insured consisted of a dwelling-house, barn and shed, situated in the town of Lincoln. It appears that about one hundred feet back from the barn and extending parallel with it was a raspberry bed a few feet wide. Along the side of the bed away from the barn was a two foot grass path; and beyond this. was a…
2Cases cited14 opinions
- Bourne v. WhitmanMassachusetts Supreme Judicial Court · 1911
- Newcomb v. Boston Protective DepartmentMassachusetts Supreme Judicial Court · 1888
- Berdos v. Tremont & Suffolk MillsMassachusetts Supreme Judicial Court · 1911
- Hatch v. Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1876
- Moran v. DickinsonMassachusetts Supreme Judicial Court · 1910
9 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Aetna Casualty & Surety Co. v. NiziolekMassachusetts Supreme Judicial Court · 1985
- New England Gas & Electric Ass'n v. Ocean Accident & Guarantee Corp.Massachusetts Supreme Judicial Court · 1953
- Wheeler v. O'ConnellMassachusetts Supreme Judicial Court · 1937
- Klefbeck v. DousMassachusetts Supreme Judicial Court · 1939
- McMahon v. PearlmanMassachusetts Supreme Judicial Court · 1922
11 more not listed; retrieve them via the Exa API.