Kaler v. Builders' Mutual Fire Insurance
Massachusetts Supreme Judicial Court
Contract upon a policy of insurance against fire, on machinery, tools and stock in the plaintiffs’ shop. The policy contained the following clause: “ This policy is made and accepted upon the following express conditions, viz., that whenever a building hereby insured, or containing the property insured, shall be altered, enlarged or appropriated to any other purpose than those herein mentioned, or, if the risk shall be otherwise increased by any means within the control of…
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Contract upon a policy of insurance against fire, on machinery, tools and stock in the plaintiffs’ shop. The policy contained the following clause: “ This policy is made and accepted upon the following express conditions, viz., that whenever a building hereby insured, or containing the property insured, shall be altered, enlarged or appropriated to any other purpose than those herein mentioned, or, if the risk shall be otherwise increased by any means within the control of the assured without the consent of this company, this policy shall be void.” At the trial in the Superior Court, "before…
1Opinion of the CourtAmes, J.
The effect, and as may reasonably be supposed the purpose, of the cross-examination of the witness, Miles, was to bring before the jury the contents of the letter from Rawson. The letter was admitted, not in order to explain, or to throw any light upon any conversation in which Miles took part, but for the purpose of contradicting him, and for no other purpose. So far as we can judge from the bill of exceptions, the only contradiction of his testimony was in that part of it in which he said that no such letter had been shown to him, or that he did not remember seeing such a letter. Nothing is…
2Cases cited1 opinion
- Commonwealth v. VosburgMassachusetts Supreme Judicial Court · 1873
3Cited by10 opinions
- East Texas Fire Insurance v. BlumTexas Supreme Court · 1890
- Commonwealth v. ConnollyMassachusetts Supreme Judicial Court · 1941
- Allen v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1912
- Briggs v. Chicago Great Western Railway Co.Supreme Court of Minnesota · 1953
- Tourtelotte v. BrownColorado Court of Appeals · 1894
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