Heald v. Builders' Mutual Fire Insurance
Massachusetts Supreme Judicial Court
Contract on a- policy of insurance issued by the defendants, insuring the plaintiff against loss on a quantity of bay and straw. At the trial in the Superior Court, before Putnam, J., the execution of the policy, and the destruction of the hay and straw hy fire were proved or admitted.
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Contract on a- policy of insurance issued by the defendants, insuring the plaintiff against loss on a quantity of bay and straw. At the trial in the Superior Court, before Putnam, J., the execution of the policy, and the destruction of the hay and straw hy fire were proved or admitted. The plaintiff introduced evidence that Mehitable B. Hubbard and Harriet M. Hubbard let to Benjamin B. Roberts and Daniel R. Heald a farm in North Andover for the term of five years ; that in the indenture of lease the lessees covenanted that they would occupy, till and in all respects cultivate the premises,…
1Opinion of the CourtColt, J.
The plaintiff had no insurable interest in the hay and straw named in the policy of insurance. He claims title by bill of sale from Benjamin B. Roberts and Daniel R. Heald, who harvested the same under a lease from the Hubbards. The lease was in writing, and contained a clause in these words: “ The lessees agree that they will carefully tend and fodder the stock kept on said premises, with the hay and other fodder which shall grow or be raised on said premises; and that they will not sell, *40dispose of, or carry away, or suffer to be carried away from said farm any of the hay or fodder of any…
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