Stetson v. Massachusetts Mutual Fire Insurance
Massachusetts Supreme Judicial Court
Covenant broken apon a policy of insurance upon the plaintiff’s dwelling-house, alleging that it was consumed by fire in December, 1801. [*331] *The defendants pleaded three several pleas in bar, upon the replication of the first of which issue was joined, and a verdict found for the plaintiff.
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Covenant broken apon a policy of insurance upon the plaintiff’s dwelling-house, alleging that it was consumed by fire in December, 1801. [*331] *The defendants pleaded three several pleas in bar, upon the replication of the first of which issue was joined, and a verdict found for the plaintiff. In their second plea, the defendants acknowledge the making the policy, as declared on, and the destruction of the house by fire without design in the insured, in the manner alleged by the plaintiff; but they further say, that after making the policy, and before the fire took place, viz., on the 11th…
1Opinion of the Court
The action stood continued for advisement until this term, when the following opinion was delivered by
* Sewall, J.
The first objection made for the defenddants is, that the plaintiff, at the time of the loss, had no interest in the building originally insured to him by the policy in the case.
The facts admitted by the pleadings are, that, after the issuing of the policy, the plaintiff sold and conveyed to Thomas Harris a part of the building insured, reserving a term of seven years in the premises ; and that Harris at the same time reconveyed them to the plaintiff, in mortgage, to secure the…
2Cases cited5 opinions
- Carpenter v. Providence Washington InsuranceSupreme Court of the United States · 1842
- Columbian Insurance Co. of Alexandria v. LawrenceSupreme Court of the United States · 1829
- Carroll v. Boston Marine InsuranceMassachusetts Supreme Judicial Court · 1812
- Locke v. North American InsuranceMassachusetts Supreme Judicial Court · 1816
- Bartlet v. WalterMassachusetts Supreme Judicial Court · 1816
3Cited by43 opinions
- Sandler v. New Jersey Realty Title InsuranceSupreme Court of New Jersey · 1962
- Savage v. . Howard Insurance CompanyNew York Court of Appeals · 1873
- Hitchcock v. . the North Western Insurance CompanyNew York Court of Appeals · 1862
- Howard v. Albany InsuranceNew York Supreme Court · 1846
- Amory v. GilmanMassachusetts Supreme Judicial Court · 1806
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