Austin v. Dixie Fire Insurance
Massachusetts Supreme Judicial Court
Two actions of contract, each on a policy of insurance in the Massachusetts standard form, insuring against fire to the amount •of $1,000 hay, grain, vehicles, machines, harnesses and implements •and any other ’farming and team equipment, contained in the barn or building in the rear of 301 Carew Street in Springfield, “ and also on horses, no one horse to be valued over $500; all while contained in said building or barn.”
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Two actions of contract, each on a policy of insurance in the Massachusetts standard form, insuring against fire to the amount •of $1,000 hay, grain, vehicles, machines, harnesses and implements •and any other ’farming and team equipment, contained in the barn or building in the rear of 301 Carew Street in Springfield, “ and also on horses, no one horse to be valued over $500; all while contained in said building or barn.” Writs dated March 17,1910. In the Superior Court the. cases came on to be heard before King, J., upon an agreed statement of facts, including the facts that are stated in…
1Opinion of the CourtRugg, C. J.
These are actions upon policies of insurance to recover for loss occasioned by fire. Each of these policies covered the same property, including a mare named Betsy Tell. The defence is that the plaintiff had insured Betsy Tell alone under a Lloyds policy, so called, and had collected without the knowledge or consent of the defendants on that policy by compromise the sum of $862.50, and had executed and delivered therefor a release under seal: The plaintiff’s contention is that, notwithstanding this settlement, he is entitled to recover the full amount due under the policies of the defendants;…
2Cases cited14 opinions
- Davison v. Maryland Casualty Co.Massachusetts Supreme Judicial Court · 1908
- Claflin v. United States Credit System Co.Massachusetts Supreme Judicial Court · 1896
- Stone v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1912
- Hartford Live Stock Insurance v. MatthewsMassachusetts Supreme Judicial Court · 1869
- Thomas v. Builders' Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1875
9 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Queen Ins. Co. of America v. Meyer Milling Co.Court of Appeals for the Eighth Circuit · 1930
- Kenner v. Century Indemnity Co.Massachusetts Supreme Judicial Court · 1946
- Kingsley v. SpoffordMassachusetts Supreme Judicial Court · 1937
- Parkway, Inc. v. United States Fire InsuranceMassachusetts Supreme Judicial Court · 1943
- Shumway v. Home Fire & Marine Insurance Co. of CaliforniaMassachusetts Supreme Judicial Court · 1938
4 more not listed; retrieve them via the Exa API.