Rosenbush v. Westchester Fire Insurance
Massachusetts Supreme Judicial Court
Contract on a policy of fire insurance. Writ dated August 25, 1914. The proceedings in the Superior Court are described in the opinion. The “Memorandum and Order” there described discontinuing the action as to the defendant and awarding costs to the defendant was made by Hitchcock, J.
1Opinion of the CourtRugg, C. J.
This is an action at law upon a policy of fire insurance, the plaintiff claiming, by an assignment from the insured, the amount due on the policy by reason of a loss by fire. The defendant appeared seasonably. But it never filed an answer. Its claim for a trial by jury was not a joinder of any issue. That could be done only by answer or other appropriate pleading. The defendant thereafter filed an “Interpleader,” under R. L. c. 173, § 37, the substance of which was that it had issued the policy and a loss had occurred as alleged in the declaration, and that the amount of loss due on the…
2Cases cited6 opinions
- Weil v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
- Hutchins v. NickersonMassachusetts Supreme Judicial Court · 1912
- Reynolds v. Missouri, Kansas & Texas Railway Co.Massachusetts Supreme Judicial Court · 1916
- Oliver Ditson Co. v. TestaMassachusetts Supreme Judicial Court · 1913
- Hurley v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1912
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Keljikian v. Star Brewing Co.Massachusetts Supreme Judicial Court · 1939
- Vincent v. PleckerMassachusetts Supreme Judicial Court · 1946
- Ryan v. HickeyMassachusetts Supreme Judicial Court · 1921
- Sweeney v. Morey & Co.Massachusetts Supreme Judicial Court · 1932
- Kingsley v. City of Fall RiverMassachusetts Supreme Judicial Court · 1932
12 more not listed; retrieve them via the Exa API.