Merrill v. Colonial Mutual Fire Insurance
Massachusetts Supreme Judicial Court
Petition in equity, filed January 14, 1897, to establish- a claim on an insurance policy in the defendant company, which was disallowed by W. O. Underwood, the receiver. Hearing before Barker, J., who reserved the case, on the petition and an agreed statement of facts, for the determination of the full court. The facts appear in the opinion. The case was argued at the bar in March, 1897, and after-wards was submitted on briefs to all the justices.
1Opinion of the CourtBarker, J.
This petition, brought to establish a claim disallowed by the receiver, was reserved for the full court upon an agreed statement of facts, from which it appears that the claim *11is for a fire loss, of which due proof was made by the assured in behalf of the petitioner, and that the amount to be recovered, if he can recover either in his own name or in that of the assured, has been adjusted by himself and the receiver, without prejudice, iu the sum of eleven hundred dollars.
As the proceedings are in equity, and the questions are raised upon an agreed statement of facts, the claim will be…
2Cases cited7 opinions
- Griffey v. New York Central InsuranceNew York Court of Appeals · 1885
- Mutual Life Insurance v. AllenMassachusetts Supreme Judicial Court · 1884
- Bergson v. Builders Insurance Co.California Supreme Court · 1869
- Blackburn v. St. Paul Fire & Marine InsuranceSupreme Court of North Carolina · 1895
- Bibend v. Liverpool & London Fire & Life InsuranceCalifornia Supreme Court · 1866
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3Cited by11 opinions
- Union Institution for Savings v. Phoenix InsuranceMassachusetts Supreme Judicial Court · 1907
- Whiting v. BurkhardtMassachusetts Supreme Judicial Court · 1901
- Central Union Bank of South Carolina v. New York Underwriters' Ins.Court of Appeals for the Fourth Circuit · 1931
- Lewenstein v. FormanMassachusetts Supreme Judicial Court · 1916
- Fireman's Fund Ins. v. GallowayCourt of Appeals of Texas · 1926
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