Boston Co-operative Bank v. American Central Insurance
Massachusetts Supreme Judicial Court
Contract upon a policy of fire insurance as stated in the opinion. Writ in the Superior Court for the county of Suffolk dated November 1,1906. The case was heard by Fierce, J., without a jury, upon an agreed statement of facts. He found for the defendant; and the plaintiff appealed. The facts are stated in the opinion.
1Opinion of the CourtKnowlton, C. J.
This action is upon a policy of fire insurance in the Massachusetts standard form, containing a condition that “ this policy shall be void if, . . . without the assent in writing or in print of the company . . . the said property shall be sold,” etc. The policy was upon a building, and was issued to one Lane who then owned the property, subject to a mortgage to the plaintiff, and the policy was made payable to the plaintiff, “ mortgagee, as its interest may appear.” The mortgage contained a power to sell the property for a breach of the condition, and to convey to the purchaser an absolute…
2Cited by15 opinions
- Royal Insur. Co. v. DruryCourt of Appeals of Maryland · 1926
- Southern States Fire & Casualty Insurance v. NapierCourt of Appeals of Georgia · 1918
- Home Loan Finance Co. v. Fireman's Fund Ins. Co.Supreme Court of Alabama · 1930
- Schanberg v. Automobile Insurance Co. of HartfordMassachusetts Supreme Judicial Court · 1934
- Charlestown Five Cents Sav. Bank v. WhiteDistrict Court, D. Massachusetts · 1939
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