Goodhue v. Hartford Fire Insurance
Massachusetts Supreme Judicial Court
Contract, in three counts, upon a policy of insurance against loss by fire. The defendant demurred to the declaration, assigning various grounds of demurrer. In the Superior Court the demurrer was sustained, “ on the fourth ground that the several counts are inconsistent with each other,” and judgment ordered for the defendant; and the plaintiff appealed to this court. The facts appear in the opinion.
1Opinion of the CourtHolmes, C. J.
This is an appeal from a judgment by the Superior Court for the defendant upon demurrer to the plaintiff’s declaration. An objection is taken at the outset that an appeal does not lie because the decision of the Superior Court concerns only the misjoinder of counts and therefore is final by Pub. Sts. c. 167, § 67. The papers sent up to us contain the statement ■ that the demurrer is sustained upon the fourth ground, which is that the several counts are inconsistent.with each other, and the objection is founded upon this statement. It is unnecessary to consider whether the statement is…
2Cases cited7 opinions
- Bartlett v. StanchfieldMassachusetts Supreme Judicial Court · 1889
- Williams v. GoochCourt of Appeals of Kentucky · 1861
- Sanford v. Orient InsuranceMassachusetts Supreme Judicial Court · 1899
- Mullaly v. AustinMassachusetts Supreme Judicial Court · 1867
- King v. FaistMassachusetts Supreme Judicial Court · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Thornhill v. Carpenter-Morton Co.Massachusetts Supreme Judicial Court · 1915
- Rossi v. Firemen's Insurance Co.Supreme Court of Pennsylvania · 1932
- DeCesare v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1932
- McQuaid v. Ætna InsuranceMassachusetts Supreme Judicial Court · 1917
- Blair v. National Reserve InsuranceMassachusetts Supreme Judicial Court · 1935
6 more not listed; retrieve them via the Exa API.