Legal Opinion

Parker v. Farmers' Fire Insurance

Massachusetts Supreme Judicial Court

Decided May 20, 1905PublishedCited by 1 opinion

Contract upon a policy of fire insurance in the Massachusetts standard form dated May 28, 1897, insuring certain buildings and their contents in the town of Sandisfield to the amount of $750. Writ dated April 8,1899. In the Superior Court the case was tried before EeCourey, J. together with another action brought by the same plaintiff against another insurance company on a policy covering the same property.

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Contract upon a policy of fire insurance in the Massachusetts standard form dated May 28, 1897, insuring certain buildings and their contents in the town of Sandisfield to the amount of $750. Writ dated April 8,1899. In the Superior Court the case was tried before EeCourey, J. together with another action brought by the same plaintiff against another insurance company on a policy covering the same property. At a previous trial of the two cases the jury returned a verdict for the plaintiff in each case, and the defendant alleged exceptions which were sustained by this court in a decision…

1Opinion of the CourtLoring, J.

The exceptions in this case were taken at a second trial of the action against this defendant, which was before this court on exceptions taken when it was tried first together with a similar action against the Middlesex Mutual Assurance Company. (179 Mass. 528.) At the second trial the actions against both companies were tried, but exceptions taken in the action against this defendant only are before us.

1. The plaintiff’s first claim is that on the evidence at this trial the jury were warranted in finding that the defendant company waived a compliance with the clause requiring that a…

2Cases cited3 opinions

  1. Little v. Phœnix InsuranceMassachusetts Supreme Judicial Court · 1877
  2. Parker v. Middlesex Mutual Assurance Co.Massachusetts Supreme Judicial Court · 1901
  3. Boruszweski v. Middlesex Mutual Assurance Co.Massachusetts Supreme Judicial Court · 1904

3Cited by1 opinion

  1. Larner v. Massachusetts Bonding & InsuranceMassachusetts Supreme Judicial Court · 1921

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