Tremont Woodworking Co. v. State Assurance Co.

Prince, J.:

This is an action brought by the plaintiff against the defendant on a policy of fire insurance, in the sum of $5,000 specifically covering machinery and fixtures, the property of the plaintiff, in the premises of the plaintiff. This matter was submitted to me upon an agreed statement of facts, by which, of course, I am bound.

The only question submitted to the court is what proportion of the loss the defendant is obliged to pay under the terms and provisions of its policy of insurance, controlled, of course, by the agreed statement of facts. At the time of the fire the plaintiff had…