Ryan v. Agricultural Insurance
Massachusetts Supreme Judicial Court
Coktract on a policy of insurance against fire in the Massachusetts standard form on household furniture and other personal effects including a piano. Writ dated April 29,'1904. At the trial in the Superior Court before Hardy, J., without a jury, it appeared that on January 26,1904, while the policy was in force, a piano and other articles of personal property were destroyed by fire while in the possession of the plaintiff in the house designated in the policy.
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Coktract on a policy of insurance against fire in the Massachusetts standard form on household furniture and other personal effects including a piano. Writ dated April 29,'1904. At the trial in the Superior Court before Hardy, J., without a jury, it appeared that on January 26,1904, while the policy was in force, a piano and other articles of personal property were destroyed by fire while in the possession of the plaintiff in the house designated in the policy. The plaintiff put in evidence a contract of conditional sale under which she received the piano and used it until it was destroyed by…
1Opinion of the CourtKnowlton, C. J.
The principles applicable to this case were discussed in Tabbut v. American Ins. Co. 185 Mass. 419, and the facts in the two cases are almost identical. There is one important difference between them, affecting the interest of the plaintiff and the amount for which the defendant is liable. In that case, as in this, the plaintiff “ had a possessory right, founded on a conditional sale, with the privileges pertaining to it which are given by the R. L. c. 198, §§ 11-13.” Upon the facts agreed, and in the absence of anything to show that her right was otherwise valuable, it was held that she…
2Cases cited3 opinions
- Phœnix Insurance v. Erie & Western Transportation Co.Supreme Court of the United States · 1886
- Tabbut v. American InsuranceMassachusetts Supreme Judicial Court · 1904
- Doyle v. American Fire InsuranceMassachusetts Supreme Judicial Court · 1902
3Cited by3 opinions
- Jenks v. Liverpool, & London & Globe InsuranceMassachusetts Supreme Judicial Court · 1910
- Johnson v. General Exchange InsuranceCourt of Appeals of Georgia · 1934
- Vigliotti v. Home InsuranceAppellate Division of the Supreme Court of the State of New York · 1923