Commonwealth Mutual Fire Insurance v. Wood
Massachusetts Supreme Judicial Court
Contract, to recover the amount of two assessments upon the defendant as a policy holder in the plaintiff corporation. The case was submitted to the Superior Court, and, after judgment for the plaintiff, to this court, on appeal, upon agreed facts, in substance' as follows.
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Contract, to recover the amount of two assessments upon the defendant as a policy holder in the plaintiff corporation. The case was submitted to the Superior Court, and, after judgment for the plaintiff, to this court, on appeal, upon agreed facts, in substance' as follows. The plaintiff was a mutual fire insurance company organized under the laws of this Commonwealth, and was authorized by statute to make insurance upon property located in any part of the United States or in Canada. The plaintiff issued two policies of insurance to the defendant on property situated in this Commonwealth. On…
1Opinion of the CourtLathrop, J.
The defendant contends that he is not liable to pay the assessment levied upon him, for the reason that he did not receive notice of the hearing before the auditor. The St. of 1894, c. 522, § 49, provides that the auditor “ shall appoint a time and place to hear all parties interested, and shall give personal notice thereof in writing to the insurance commissioner, and through the post office, so far as he is able, to all persons liable upon said assessment or call.” The auditor sent a notice by mail addressed to the defendant at the town where the property was situated, but he did not…
2Cited by4 opinions
- Howarth v. LombardMassachusetts Supreme Judicial Court · 1900
- Commonwealth Mutual Fire Insurance v. Fairbank Canning Co.Massachusetts Supreme Judicial Court · 1899
- Bristol Mutual Liability Insurance v. LeardMassachusetts District Court, Appellate Division · 1936
- Commonwealth Mutual Fire Insurance v. Swift & Co.Massachusetts Supreme Judicial Court · 1899