City Five Cents Savings Bank v. Pennsylvania Fire Insurance
Massachusetts Supreme Judicial Court
Contract on a policy of insurance against fire. The case was submitted to the Superior Court, and, after judgment for the plaintiff, to this court on appeal, on an agreed statement of facts, the substance of which appears in the opinion.
1Opinion of the CourtMorton, J.
By the policy in suit, the defendant insured Wis* wall & Sons against loss or damage by fire on their dwelling-house, in the sum of five thousand dollars, “ payable in case of loss to the City Five Cents Savings Bank, Haverhill, Mass.,” which held a mortgage thereon for fifty-five hundred dollars. Among the printed conditions of the policy it is provided in article 3d, that if the assured “ shall have, or hereafter make, any other insurance on the property herein insured, or any part thereof, without notice to and consent of this company in writing hereon,” or “ shall sell or transfer the…
2Cases cited1 opinion
- Franklin Savings Institution v. Central Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1876
3Cited by19 opinions
- Syndicate Ins. v. BohnCourt of Appeals for the Eighth Circuit · 1894
- Palmer Savings Bank v. Insurance Co. of North AmericaMassachusetts Supreme Judicial Court · 1896
- Laurenzi v. Atlas Ins.Tennessee Supreme Court · 1915
- Phenix Insurance v. Omaha Loan & Trust Co.Nebraska Supreme Court · 1894
- Barker v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1908
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