Legal Opinion

New Hampshire Fire Insurance v. Healey

Massachusetts Supreme Judicial Court

Decided June 18, 1890PublishedCited by 11 opinions

Three actions op tort, to recover back money alleged to have been obtained from the plaintiffs by the defendants’ fraud and deceit upon policies of insurance against fire issued by the plaintiffs to the defendants, James H. Healey and John T. Healey.

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Three actions op tort, to recover back money alleged to have been obtained from the plaintiffs by the defendants’ fraud and deceit upon policies of insurance against fire issued by the plaintiffs to the defendants, James H. Healey and John T. Healey. The cases were tried together in the Superior Court, before Bacon, J. It appeared in evidence, that the Healeys were insured by the plaintiff companies upon stock in their jewelry factory in the sum of $1,500; that after a fire two bags containing such stock, which had evidently been taken from the Healeys’ establishment, were found concealed…

1Opinion of the CourtC. Allen, J.

The evidence was not objectionable on the ground that it disclosed what took place before the grand jury. The time had passed when secrecy was important. Commonwealth v. Hill, 11 Cush. 137. Commonwealth v. Mead, 12 Gray, 167. Way v. Butterworth, 106 Mass. 75.

It is, however, now objected that the evidence was not sufficiently specific to be admissible, since it did not identify which one of the Healeys made' the statement in question. It is admitted upon the defendants’ brief that they were partners, but it is contended that, in testifying before the grand jury, what either one of them said…

2Cases cited1 opinion

  1. Way v. ButterworthMassachusetts Supreme Judicial Court · 1870

3Cited by11 opinions

  1. Commonwealth v. ChanceMassachusetts Supreme Judicial Court · 1899
  2. Commonwealth v. McNaryMassachusetts Supreme Judicial Court · 1923
  3. Solomon v. DabrowskiMassachusetts Supreme Judicial Court · 1936
  4. Silverio v. Municipal Court of the City of BostonMassachusetts Supreme Judicial Court · 1969
  5. Shumaker v. Lucerne-in-Maine Community Ass'nMassachusetts Supreme Judicial Court · 1931

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