Reed v. Washington Fire & Marine Insurance
Massachusetts Supreme Judicial Court
Contract upon a policy of insurance, in the form prescribed by the Pub. Sts. e. 119, § 139, against loss by fire, for one year from December 7, 1882, on a building in South Abington, occupied by the plaintiff as a boot and shoe factory.
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Contract upon a policy of insurance, in the form prescribed by the Pub. Sts. e. 119, § 139, against loss by fire, for one year from December 7, 1882, on a building in South Abington, occupied by the plaintiff as a boot and shoe factory. The policy contained, among others, the following clauses: “ In case of any loss or damage under this policy, a statement in writing, signed and sworn to by the insured, shall be forthwith rendered to the company, setting forth the value of the property insured, the interest of the insured therein, all other insurance thereon, in detail, the purposes for which…
1Opinion of the CourtW. Allen, J.
It is well settled in this Commonwealth, that an agreement to refer to arbitration will not be enforced in equity, and will not be sustained as a bar to an action at law or a suit in equity. Rowe v. Williams, 97 Mass. 163. Wood v. Humphrey, 114 Mass. 185. Noyes v. Marsh, 123 Mass. 286. Vass v. Wales, 129 Mass. 38. Evans v. Clapp, 123 Mass. 165. White v. Middlesex Railroad, 135 Mass. 216.
The reason generally given is, that such an agreement affects the remedy, and, if enforced, would oust the courts of their jurisdiction. Another reason is, that a submission to arbitration is a power, and…
2Cases cited8 opinions
- Hood v. HartshornMassachusetts Supreme Judicial Court · 1868
- Bardstown & Louisville Railroad v. MetcalfeCourt of Appeals of Kentucky · 1862
- Wood v. HumphreyMassachusetts Supreme Judicial Court · 1873
- Rowe v. WilliamsMassachusetts Supreme Judicial Court · 1867
- White v. Middlesex RailroadMassachusetts Supreme Judicial Court · 1883
3 more not listed; retrieve them via the Exa API.
3Cited by61 opinions
- Hamilton v. Liverpool, London & Globe InsuranceSupreme Court of the United States · 1890
- Hamilton v. Home InsuranceSupreme Court of the United States · 1890
- Hunter v. Colfax Consolidated Coal Co.Supreme Court of Iowa · 1915
- McCoy v. AbleIndiana Supreme Court · 1892
- Menici v. Orton Crane & Shovel Co.Massachusetts Supreme Judicial Court · 1934
56 more not listed; retrieve them via the Exa API.