Fowle v. Springfield Fire & Marine Insurance
Massachusetts Supreme Judicial Court
Contract upon a policy of insurance, by which the defendant insured the plaintiffs in the sum of $2500, “ on their two story brick and gravelled roof building, occupied by them for a carpet store, situate on leased land in rear of Ho. 166 Washington Street, Boston, Mass,” from January 10, 1871, to August 23, 1873. The policy contained the following provisions : “ The interest of the assured, whether as owner, consignee, factor, lessee or otherwise, in the property to be…
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Contract upon a policy of insurance, by which the defendant insured the plaintiffs in the sum of $2500, “ on their two story brick and gravelled roof building, occupied by them for a carpet store, situate on leased land in rear of Ho. 166 Washington Street, Boston, Mass,” from January 10, 1871, to August 23, 1873. The policy contained the following provisions : “ The interest of the assured, whether as owner, consignee, factor, lessee or otherwise, in the property to be insured, shall be truly stated in the policy, otherwise the same shall be void; and such interest shall also be set forth in…
1Opinion of the CourtEndicott, J.
The plaintiffs were sub-lessees of the land on which the building insured stood, and their lease, which was for ten years and eight months, expired on March 1, 1873. During the term, and before obtaining this policy, they had removed a building standing on the premises, and on its site had erected the present building. This they had a right to do under their lease, which also provided that at its expiration they should quit and deliver up the premises, with such buildings and additions as they had erected thereon. No question is made by the plaintiffs, that the building thus erected, and…
2Cases cited5 opinions
- Hough v. City Fire InsuranceSupreme Court of Connecticut · 1860
- Tyler v. Ætna Fire InsuranceNew York Supreme Court · 1834
- Williams v. Roger Williams InsuranceMassachusetts Supreme Judicial Court · 1871
- Irving v. Excelsior Fire InsuranceThe Superior Court of New York City · 1857
- Swift v. Vermont Mutual Fire InsuranceSupreme Court of Vermont · 1846
3Cited by23 opinions
- Penn Mut. Life Ins. v. Mechanics' Savings Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1896
- Washington Mills Emery Manufacturing Co. v. Weymouth & Braintree Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1883
- Womble v. Dubuque Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1941
- North River Insurance v. LewisSupreme Court of Virginia · 1923
- Hinckley v. Germania Fire InsuranceMassachusetts Supreme Judicial Court · 1885
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