Davis, Hackett & Co. v. Western Massachusetts Insurance
Supreme Court of Rhode Island
Assumpsit upon a policy of fire insurance, effected by tbe plaintiffs witb tbe defendant company, by wbicb tbe company insured $5,000 upon tbe plaintiffs’s stock of dry goods in tbeir store, in Providence. Tbe original policy was dated November 12tb, 1859, but by renewals was continued in force until tbe 15tb of November, 1862. Tbe goods having been damaged by fire on tbe 22d of April, 1862, tbis action was brought.
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Assumpsit upon a policy of fire insurance, effected by tbe plaintiffs witb tbe defendant company, by wbicb tbe company insured $5,000 upon tbe plaintiffs’s stock of dry goods in tbeir store, in Providence. Tbe original policy was dated November 12tb, 1859, but by renewals was continued in force until tbe 15tb of November, 1862. Tbe goods having been damaged by fire on tbe 22d of April, 1862, tbis action was brought. On trial of tbe cause before tbe Chief Justice, witb a jury, it was proved, among other facts, that, on tbe 81st day of May, 1862, preliminary proofs of loss, witb a claim of…
1Opinion of the CourtDurfee, J.
1. If the series of papers, referred to in the first exception, had been put in as in themselves containing or importing a contract on the part of the defendants to waive the preliminary proofs stipulated for, in case of partial loss, by the eleventh condition of the policy, and there had been any question as to their meaning, it would have been the duty of the Court to have construed or interpreted them, and to have stated'the result to the jury as a matter of law. But we understand the papers were introduced not in that view, but simply as evidence from which, taken in connection with other…
2Cases cited1 opinion
- Howe v. HuntingtonSupreme Judicial Court of Maine · 1839
3Cited by1 opinion
- Bryan v. Nat. Life Insurance AssociationSupreme Court of Rhode Island · 1899