Harnden v. Milwaukee Mechanics' Insurance
Massachusetts Supreme Judicial Court
Contract, upon a policy of insurance for $1000, issued by the defendant, against loss by fire on the plaintiff’s property in Lynn. At the trial in the Superior Court, before Sherman, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions. The facts appear in the opinion. The ease was argued at the bar in January, 1895, and after-wards was submitted on the briefs to all the judges.
1Opinion of the CourtMorton, J.
The policy in this case provided that, “ in case of any loss or damage under this policy, a statement in writing signed and sworn to by the insured shall be forthwith rendered to the company, setting forth the value of the property insured,” etc. The fire occurred on the 26th of November, 1889. The first statement under the above provision was rendered in the latter part of January, 1890. It is contended that it was not rendered “ forthwith.” But we think that it was rightly left to the jury, with instructions to which we see no objection, to say whether under all the circumstances that was…
2Cases cited7 opinions
- Bishop v. EatonMassachusetts Supreme Judicial Court · 1894
- Markey v. Mutual Benefit Life InsuranceMassachusetts Supreme Judicial Court · 1869
- Carpenter v. German American InsuranceNew York Court of Appeals · 1892
- Arff v. Star Fire InsuranceNew York Court of Appeals · 1890
- Donahue v. Windsor County M. Fire Ins.Supreme Court of Vermont · 1883
2 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
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- Prickett v. Sulzberger & Sons Co.Supreme Court of Oklahoma · 1916
- Phillips v. StoneMassachusetts Supreme Judicial Court · 1937
- Van Buren County v. American Surety Co.Supreme Court of Iowa · 1908
- Mandell v. Fidelity & Casualty Co.Massachusetts Supreme Judicial Court · 1898
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