Whitten v. New England Live Stock Insurance
Massachusetts Supreme Judicial Court
Contract, upon a policy of insurance for $200, issued by the defendant upon the life of a horse. Trial in the Superior Court, before Dunbar, J., who, after a verdict for the plaintiff, directed that the plaintiff be nonsuited because the action was prematurely begun, and, with the consent of the parties, reported the case for the determination of this court. If the ruling was correct, the nonsuit was to stand; otherwise, judgment was to be entered on the verdict.
1Opinion of the CourtAllen, J.
The action was brought in less than sixty days after the death of the horse. The only question before us is, whether it could be ruled, as matter of law, that it-was brought prematurely. If not, according to the report, the plaintiff is to have judgment. By the policy, the defendant agreed, upon receiving satisfactory proofs of the death of the said animal, to pay $200 “ in sixty days after the approval of the claim by its Executive Board.” The plaintiff introduced evidence tending to show a waiver of the production of proofs of death, and a general denial of liability by the defendant’s…
2Cases cited13 opinions
- Daniels v. NewtonMassachusetts Supreme Judicial Court · 1874
- Williamsburg City Fire Insurance v. CaryIllinois Supreme Court · 1876
- Ætna Insurance v. MaguireIllinois Supreme Court · 1869
- German Insurance v. GibsonSupreme Court of Arkansas · 1890
- Norwich & New York Transportation Co. v. Western Massachusetts InsuranceU.S. Circuit Court for the District of Connecticut · 1868
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3Cited by10 opinions
- French v. Fidelity & Casualty Co.Wisconsin Supreme Court · 1908
- Hebert v. DeweyMassachusetts Supreme Judicial Court · 1906
- Robinson v. Trustees of the New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1945
- London Clothes, Ltd. v. Maryland Casualty Co.Massachusetts Supreme Judicial Court · 1945
- Eno v. Prime Manufacturing Co.Massachusetts Supreme Judicial Court · 1943
5 more not listed; retrieve them via the Exa API.