Legal Opinion

Union Institution for Savings v. Phoenix Insurance

Massachusetts Supreme Judicial Court

Decided September 4, 1907PublishedCited by 38 opinions

The case was argued at the bar in December, 1906, before Knowlton, C. J., Hammond, Loring, Braley, & Sheldon, JJ., and afterwards was submitted on briefs to all the justices.

1Opinion of the CourtKnowlton, C. J.

This is an action upon a policy of fire insurance, which was submitted on a statement of facts to be treated as evidence, it having been agreed that, if in the statement there was evidence for the plaintiff proper to be submitted to a jury, a verdict should be ordered for the plaintiff for a stipulated sum; otherwise, there was to be a verdict for the defendant. A judge of the Superior Court ordered a verdict for the plaintiff in the sum agreed, and reported the case for determination by this court.

The plaintiff was a mortgagee, and the policy contained a statement that it was “ Payable in…

2Cases cited18 opinions

  1. Campbell v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1867
  2. Hastings v. . Westchester Fire Ins. Co.New York Court of Appeals · 1878
  3. Palmer Savings Bank v. Insurance Co. of North AmericaMassachusetts Supreme Judicial Court · 1896
  4. Hartford Fire Insurance v. OlcottIllinois Supreme Court · 1881
  5. Wainer v. Milford Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1891

13 more not listed; retrieve them via the Exa API.

3Cited by38 opinions

  1. Frati v. JanniniMassachusetts Supreme Judicial Court · 1917
  2. Forbes v. ThorpeMassachusetts Supreme Judicial Court · 1911
  3. Germania Fire Insurance v. BallyArizona Supreme Court · 1918
  4. Walker v. Queen Insurance Co.Supreme Court of South Carolina · 1926
  5. Second Society of Universalists v. Royal InsuranceMassachusetts Supreme Judicial Court · 1915

33 more not listed; retrieve them via the Exa API.

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