Mowles v. Boston Insurance
Massachusetts Supreme Judicial Court
Contract, with a declaration as amended containing six counts, the second count being upon a policy of insurance against loss by fire of a “touring automobile” for $1,400, issued to one Fleming on April 23, 1913, and assigned to the plaintiff; and the sixth count being upon an alleged oral agreement of the defendant to insure the plaintiff in the sum of $2,100 against loss by fire of a "runabout automobile.”
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Contract, with a declaration as amended containing six counts, the second count being upon a policy of insurance against loss by fire of a “touring automobile” for $1,400, issued to one Fleming on April 23, 1913, and assigned to the plaintiff; and the sixth count being upon an alleged oral agreement of the defendant to insure the plaintiff in the sum of $2,100 against loss by fire of a "runabout automobile.” Writ dated October 28, 1914. In the Superior Court the case was tried before Keating, J. The material evidence and exceptions of the defendant are described in the opinion. The case was…
1Opinion of the CourtRugo, C. J.
The controversy in this case centres about the liability set forth in the sixth count in the plaintiff’s declaration. That count alleges in substance that the defendant made an oral contract with the plaintiff to issue a valid policy of insurance in the sum of $2,100 against loss by fire on a certain automobile, that the defendant failed to issue such a policy and that the automobile has been lost by fire.
There was evidence tending to show that in June, 1913, the plaintiff bought the automobile of one Fleming, and that it then was insured; that one Belson on behalf of the plaintiff took the…
2Cases cited5 opinions
- Wiggins v. BurkhamSupreme Court of the United States · 1870
- Bassett v. BrownMassachusetts Supreme Judicial Court · 1870
- Starkweather v. GleasonMassachusetts Supreme Judicial Court · 1915
- McCluskey v. Providence Washington InsuranceMassachusetts Supreme Judicial Court · 1879
- Hallwood Cash Register Co. v. LufkinMassachusetts Supreme Judicial Court · 1901
3Cited by20 opinions
- Loranger Construction Corp. v. E. F. Hauserman Co.Massachusetts Appeals Court · 1978
- Campione v. WilsonMassachusetts Supreme Judicial Court · 1996
- Hartford Fire Insurance Company v. ShapiroSupreme Court of Alabama · 1960
- Segal v. Aetna Casualty & Surety Co.Massachusetts Supreme Judicial Court · 1958
- Depot Cafe Inc. v. Century Indemnity Co.Massachusetts Supreme Judicial Court · 1947
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