Adams v. North American Insurance
Massachusetts Supreme Judicial Court
Contract, originally brought by Horatio Adams upon a policy of fire insurance upon property in Kingston. Writ dated November 12,1908. In the Superior Court the case was heard by Pierce, J., without a jury, upon an agreed statement of facts which gave the court power to draw inferences from the facts therein stated. It appeared that Horatio Adams purchased the premises insured on April 30,1897. On the next day he gave a bond for a deed of the premises to one James Donley.
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Contract, originally brought by Horatio Adams upon a policy of fire insurance upon property in Kingston. Writ dated November 12,1908. In the Superior Court the case was heard by Pierce, J., without a jury, upon an agreed statement of facts which gave the court power to draw inferences from the facts therein stated. It appeared that Horatio Adams purchased the premises insured on April 30,1897. On the next day he gave a bond for a deed of the premises to one James Donley. That bond provided that, upon Donley paying $500 and accrued interest to Adams, “ said interest to be in lieu of rental for…
1Opinion of the CourtSheldon, J.
The only question raised here is whether the original plaintiff had in the property insured an insurable interest sufficient to support a recovery; and it is agreed that if so, judgment shall be entered in his favor to the extent of that interest, not exceeding the amount of the policy.
He was the legal owner of the property. The title was in him. But he had given a bond for a deed to Donley; Donley, or his assignee Cushman, had paid the full agreed price; and the plaintiff was bound to convey to Cushman and apparently *552thought, though erroneously, that he had done so by turning over the bond…
2Cases cited3 opinions
- Wells v. CalnanMassachusetts Supreme Judicial Court · 1871
- Hawkes v. KehoeMassachusetts Supreme Judicial Court · 1907
- Jenks v. Liverpool, & London & Globe InsuranceMassachusetts Supreme Judicial Court · 1910
3Cited by5 opinions
- Libman v. LevensonMassachusetts Supreme Judicial Court · 1920
- Norfolk & Dedham Mutual Fire Insurance Company v. MorrisonMassachusetts Supreme Judicial Court · 2010
- Minsky v. ZieveMassachusetts Supreme Judicial Court · 1926
- Richmond v. KelseyMassachusetts Supreme Judicial Court · 1916
- John J. Williams Insurance Agency Inc. v. PutignanoMassachusetts District Court, Appellate Division · 1967