Legal Opinion

Nute v. Hamilton Mutual Insurance

Massachusetts Supreme Judicial Court

Decided March 15, 1856PublishedCited by 27 opinions

Action of contract by an inhabitant of the county of Suffolk against a mutual fire insurance company established at Salem in the county of Essex.

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Action of contract by an inhabitant of the county of Suffolk against a mutual fire insurance company established at Salem in the county of Essex. The declaration alleged the making of a policy to the plaintiff by the defendants, “ acting under the name and style of the Manufacturers’ Insurance Company; ” a loss by fire during the term of the insurance; due notice and statement of the loss, within three days after it happened; and that the defendants were bound by the terms of said policy to pay the plaintiffs the amount of the loss. The answer admitted the making of a policy of insurance, and…

1Opinion of the CourtShaw, C. J.

The defence to this action, on a policy entered into by a mutual fire insurance company, is, that by the terms of the policy the contract was that the suit should be brought at a proper court in the county of Essex, within four months after the determination by the directors that nothing was due to the plaintiff upon the loss claimed. By a comparison of dates, it appears that this suit was brought within four months; but it was brought in the county of Suffolk, and not in the county of Essex; and on that ground the court of common pleas held *177that the action could not be maintained. The…

2Cases cited5 opinions

  1. Holden v. JamesMassachusetts Supreme Judicial Court · 1814
  2. Pearsall v. DwightMassachusetts Supreme Judicial Court · 1806
  3. Wilson v. Ætna InsuranceSupreme Court of Vermont · 1854
  4. Bardstown & Louisville Railroad v. MetcalfeCourt of Appeals of Kentucky · 1862
  5. Millett v. PottingerCourt of Appeals of Kentucky · 1862

3Cited by27 opinions

  1. The Bremen v. Zapata Off-Shore Co.Supreme Court of the United States · 1972
  2. George Lambert, D/B/A Rainbow Fruit v. Sam Kysar and Joan Kysar, D/B/A Lewis River Tree FarmCourt of Appeals for the First Circuit · 1993
  3. Kubis & Perszyk Associates, Inc. v. Sun Microsystems, Inc.Supreme Court of New Jersey · 1996
  4. Clinton v. JangerDistrict Court, N.D. Illinois · 1984
  5. Parker, Peebles & Knox v. El SaiehSupreme Court of Connecticut · 1928

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