Underhill v. Agawam Mutual Fire Insurance
Massachusetts Supreme Judicial Court
This was an action on a policy of insurance, dated the 4th of June, 1846, by which the defendants caused the plaintiff to be insured for the term of three years, against loss by fire, in the sum of $1200 on his dwelling-house, and $100 on the furniture therein, according to the terms and conditions expressed in the by-laws of the defendants and of their act of incorporation, and subject to the lien established by the thirty-seventh chapter of the revised statutes.
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This was an action on a policy of insurance, dated the 4th of June, 1846, by which the defendants caused the plaintiff to be insured for the term of three years, against loss by fire, in the sum of $1200 on his dwelling-house, and $100 on the furniture therein, according to the terms and conditions expressed in the by-laws of the defendants and of their act of incorporation, and subject to the lien established by the thirty-seventh chapter of the revised statutes. The defendants pleaded the general issue, and specified in their defence, that in avoidance of the contract, they should rely,…
1Opinion of the CourtDewey, J.
The first point of inquiry presented by the course of the argument in this case is, whether there has been such neglect, on the part of the plaintiff, to comply with the sixteenth article of the defendants’ by-laws, requiring, in case *445of loss, that the insured shall as soon as possible give a particular account thereof, on oath, and prescribing various matters to be stated in such notice, as to exonerate the defendants from liability. It is said by the defendants, that this by-law was not complied with, there being no direct statement that the plaintiff was sole owner of the estate insured,…
2Cases cited2 opinions
- Ætna Fire Insurance v. TylerCourt for the Trial of Impeachments and Correction of Errors · 1836
- Vos v. RobinsonNew York Supreme Court · 1812
3Cited by4 opinions
- Commonwealth v. TayMassachusetts Supreme Judicial Court · 1888
- Commonwealth v. HolbrookMassachusetts Supreme Judicial Court · 1865
- Commonwealth v. O'DonnellMassachusetts Supreme Judicial Court · 1864
- In re WatsonDistrict Court, D. Vermont · 1882