Hancock v. Franklin Insurance
Massachusetts Supreme Judicial Court
Contract by the administrator of the estate of John Hancock, Jr. Writ dated January 1, 1869. The first count of the declaration was for money had and received to the use of the plaintiff’s intestate ; and the second count was as follows: “ And the plaintiff further says that the defendants made to said John Hancock, Jr., in his lifetime, a policy of insurance for the sum of $1700, on a wooden dwelling-house, situated on Church Street in the town of Somerville, against the…
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Contract by the administrator of the estate of John Hancock, Jr. Writ dated January 1, 1869. The first count of the declaration was for money had and received to the use of the plaintiff’s intestate ; and the second count was as follows: “ And the plaintiff further says that the defendants made to said John Hancock, Jr., in his lifetime, a policy of insurance for the sum of $1700, on a wooden dwelling-house, situated on Church Street in the town of Somerville, against the perils of fire, and before the expiration of said policy the said house was totally destroyed by fire, in the year 1849,…
1Opinion of the CourtChapmah, C. J.
The court are of opinion that the ninth and tenth interrogatories ought to be answered. The second count sets forth a policy of insurance, describing it; also a loss, a notice to the defendants, and a liability to pay. The answer denies the allegations, and sets up the statute of limitations. The plaintiff is not obliged to file a replication to the answer, unless he shall be ordered to do so hereafter; but he is authorized by the Gen. Sts. c. 129, § 46, to file interrogatories, as therein provided, at this stage of the case. The ninth interrogatory is apparently too broad; but…
2Cited by6 opinions
- Brooks v. ShawMassachusetts Supreme Judicial Court · 1908
- Sullivan v. BrabasonMassachusetts Supreme Judicial Court · 1928
- Gunn v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1898
- Spinney v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1905
- Wetherbee v. WinchesterMassachusetts Supreme Judicial Court · 1880
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