Cunningham v. Connecticut Fire Insurance
Massachusetts Supreme Judicial Court
Contract. The declaration contained five counts, all of which sought recovery from the defendant as the insurer of certain stock and fixtures damaged by fire, the plaintiff being the trustee in bankruptcy of the alleged insured, Solomon Yaffee. The first count alleged that the defendant “ made to ” Yaffee a policy of insurance, the second and third alleged that the defendant agreed to insure and to deliver a policy, but neglected and refused to deliver the policy.
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Contract. The declaration contained five counts, all of which sought recovery from the defendant as the insurer of certain stock and fixtures damaged by fire, the plaintiff being the trustee in bankruptcy of the alleged insured, Solomon Yaffee. The first count alleged that the defendant “ made to ” Yaffee a policy of insurance, the second and third alleged that the defendant agreed to insure and to deliver a policy, but neglected and refused to deliver the policy. The fourth count was upon an accounting together and the fifth for interest. Writ in the Lynn Police Court dated November 5, 1907.…
1Opinion of the CourtRugg, J.
This case comes before us upon appeal from a judgment in favor of the defendant entered upon agreed facts, with no stipulation that the trial or appellate court might draw inferences of fact. The issue thus presented is whether upon these facts the plaintiff, as matter of law, is entitled to judgment. Unless among the facts agreed are found all the elements which the law requires to establish his claim, the plaintiff must fail. Old Colony Railroad v. Wilder, 137 Mass. 536. Mayhew v. Durfee, 138 Mass. 584. Collins v. Waltham, 151 *335Mass. 196. Schwarz v. Boston, 151 Mass. 226. Gallagher v.…
2Cases cited25 opinions
- Eames v. Home InsuranceSupreme Court of the United States · 1877
- Old Colony Railroad v. WilderMassachusetts Supreme Judicial Court · 1884
- Lipman v. Niagara Fire InsuranceNew York Court of Appeals · 1890
- Wainer v. Milford Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1891
- Harrison v. PepperMassachusetts Supreme Judicial Court · 1896
20 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Frati v. JanniniMassachusetts Supreme Judicial Court · 1917
- Atlantic Maritime Co. v. City of GloucesterMassachusetts Supreme Judicial Court · 1917
- Brighton Packing Co. v. Butchers' Slaughtering & Melting Ass'nMassachusetts Supreme Judicial Court · 1912
- Benton v. WilliamsMassachusetts Supreme Judicial Court · 1909
- Boston Lodge, No. 10, Benevolent & Protective Order of Elks v. City of BostonMassachusetts Supreme Judicial Court · 1914
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