Park & Pollard Co. v. Agricultural Insurance
Massachusetts Supreme Judicial Court
Two actions of contract for breaches of contracts relating to insurance, the declaration in each action containing three counts, the first count containing, besides allegations as to the loss of the insured property and the performance of conditions precedent to recovery, allegations that on or about July 18, 1918, the parties “entered into a contract by which the defendant agreed to insure certain bags ” for one year and that the defendant failed to insure in accordance…
Read the full summary
Two actions of contract for breaches of contracts relating to insurance, the declaration in each action containing three counts, the first count containing, besides allegations as to the loss of the insured property and the performance of conditions precedent to recovery, allegations that on or about July 18, 1918, the parties “entered into a contract by which the defendant agreed to insure certain bags ” for one year and that the defendant failed to insure in accordance with its contract; the corresponding allegations of the second count being that on or about that date the parties “entered…
1Opinion of the CourtJenney, J.
These are two actions of contract to recover upon oral contracts as to insurance against loss by fire of a large stock of bags, of the admitted value of $100,000, owned by the plaintiff and situated in the mill of the Oswego Milling Company in Oswego, New York. The fundamental question is, whether there was sufficient evidence to warrant the jury in finding that there were oral contracts of insurance, or to insure, binding on the defendants. The defendants concede that, if such contracts were made, they received due notices and proofs of loss; that demands had been made upon them, and that…
2Cases cited20 opinions
- Hicks v. British America Assurance Co.New York Court of Appeals · 1900
- Gale v. NickersonMassachusetts Supreme Judicial Court · 1887
- Equitable Accident Insurance v. OsbornSupreme Court of Alabama · 1890
- Angell v. . Hartford Fire Ins. Co.New York Court of Appeals · 1874
- Sanford v. Orient InsuranceMassachusetts Supreme Judicial Court · 1899
15 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Nowel v. Equitable Trust Co.Massachusetts Supreme Judicial Court · 1924
- Maier Hanson v. HansonMassachusetts Supreme Judicial Court · 1934
- Rayden Engineering Corp. v. ChurchMassachusetts Supreme Judicial Court · 1958
- Shumway v. Home Fire & Marine Insurance Co. of CaliforniaMassachusetts Supreme Judicial Court · 1938
- Brasslavsky v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1924
7 more not listed; retrieve them via the Exa API.