Nute v. Hamilton Mutual Insurance
Massachusetts Supreme Judicial Court
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
- Holden v. JamesMassachusetts Supreme Judicial Court · 1814
- Pearsall v. DwightMassachusetts Supreme Judicial Court · 1806
- Wilson v. Ætna InsuranceSupreme Court of Vermont · 1854
- Bardstown & Louisville Railroad v. MetcalfeCourt of Appeals of Kentucky · 1862
- Millett v. PottingerCourt of Appeals of Kentucky · 1862
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- Kubis & Perszyk Associates, Inc. v. Sun Microsystems, Inc.Supreme Court of New Jersey · 1996
- Clinton v. JangerDistrict Court, N.D. Illinois · 1984
- Parker, Peebles & Knox v. El SaiehSupreme Court of Connecticut · 1928
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