Lamson Consolidated Store Service Co. v. Prudential Fire Insurance
Massachusetts Supreme Judicial Court
CONTRACT, upon a policy of insurance for $10,000, against loss by fire on the plaintiff’s “ leasehold interest ” in its various systems of store service in the United States, for one year from December 3,1890. Trial in the Superior Court, before Blodgett, J., who, at the defendant’s request, ruled that the plaintiff was not entitled to recover, a,nd directed the jury to return a verdict for the defendant, and the plaintiff alleged exceptions. The facts appear in the opinion.
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CONTRACT, upon a policy of insurance for $10,000, against loss by fire on the plaintiff’s “ leasehold interest ” in its various systems of store service in the United States, for one year from December 3,1890. Trial in the Superior Court, before Blodgett, J., who, at the defendant’s request, ruled that the plaintiff was not entitled to recover, a,nd directed the jury to return a verdict for the defendant, and the plaintiff alleged exceptions. The facts appear in the opinion. The case was argued at the bar in March, 1898, and after-wards was submitted on briefs to all the justices.
1Opinion of the CourtMorton, J.
It is not contended that the plaintiff had not under its leases an insurable interest in the systems that were destroyed, and in the rentals accruing from them.
There was testimony tending to show that there was an oral contract of insurance entered into on December 3,1890, though the policy was not issued till December 11, and that one or more of the systems was destroyed by fire before the last named date. We do not need to consider whether knowledge on the part of the plaintiff of the loss before the policy issued would affect its right to recover; (see Mead v. Phenix Ins. Co. 158 Mass.…
2Cases cited8 opinions
- Reed v. Washington Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1885
- Wainer v. Milford Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1891
- Hutchinson v. Liverpool & London & Globe InsuranceMassachusetts Supreme Judicial Court · 1891
- Clement v. British American Assurance Co.Massachusetts Supreme Judicial Court · 1886
- Palmer v. SawyerMassachusetts Supreme Judicial Court · 1873
3 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Union Institution for Savings v. Phoenix InsuranceMassachusetts Supreme Judicial Court · 1907
- Second Society of Universalists v. Royal InsuranceMassachusetts Supreme Judicial Court · 1915
- Providence Washington Insurance v. WolfIndiana Supreme Court · 1907
- Norcross Bros. v. VoseMassachusetts Supreme Judicial Court · 1908
- Harris v. North American InsuranceMassachusetts Supreme Judicial Court · 1906
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