Commonwealth v. Hide & Leather Insurance
Massachusetts Supreme Judicial Court
Petition by the Fitchburg Railroad Company for the allowance of a claim for loss by fire against the Hide and Leather Insurance Company, an insolvent corporation against whom proceedings had been taken under Gen. Sts. e. 58, § 6. At the hearing before Morton, J., it appeared that the company insured the petitioners for the term of one year, the risk commencing August 9, 1871, among other things to the amount of $8350 “ on all or either of the freight buildings at…
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Petition by the Fitchburg Railroad Company for the allowance of a claim for loss by fire against the Hide and Leather Insurance Company, an insolvent corporation against whom proceedings had been taken under Gen. Sts. e. 58, § 6. At the hearing before Morton, J., it appeared that the company insured the petitioners for the term of one year, the risk commencing August 9, 1871, among other things to the amount of $8350 “ on all or either of the freight buildings at Charles-town ”; $6000 “ on property belonging to the company, or on any property for which they may be liable in freight buildings…
1Opinion of the CourtMorton, J.
1. The receivers contend that the policy was avoided by .the use of the dummy engine under the circumstances stated in the report. The policy provides that “ if the situation or circumstances affecting the risk thereupon shall be so altered or changed by or with their advice, agency or consent, as to increase the risk thereupon,” the policy shall be void. The answer to this position of the receivers is that the situation or circumstances affecting the risk were not altered or changed after the making of the policy. The report finds that for more than ten years the dummy engine had been in use…
2Cases cited1 opinion
- Eastern Railroad v. Relief Firf InsuranceMassachusetts Supreme Judicial Court · 1868
3Cited by19 opinions
- Penn Mut. Life Ins. v. Mechanics' Savings Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1896
- Parsons, Rich & Co. v. LaneSupreme Court of Minnesota · 1906
- Washington Mills Emery Manufacturing Co. v. Weymouth & Braintree Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1883
- Dunbar v. Phenix Insurance Co. of BrooklynWisconsin Supreme Court · 1888
- German Insurance & Savings Institution v. KlineNebraska Supreme Court · 1895
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