Myers v. Liverpool & London & Globe Insurance
Massachusetts Supreme Judicial Court
Contract. Writ dated August 11,1875. The declaration contained two counts. The first alleged that the defendant made to the plaintiff a policy of insurance against loss or damage by fire, on his dwelling-house, erecting and situate on Boyd Street, Watertown, for three years from March 10, 1875, for $5000; $2000 to attach from March 10, $2000 more to attach at the expiration of thirty days after March 10, and $1000 more to attach upon the completion of said dwelling-house;…
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Contract. Writ dated August 11,1875. The declaration contained two counts. The first alleged that the defendant made to the plaintiff a policy of insurance against loss or damage by fire, on his dwelling-house, erecting and situate on Boyd Street, Watertown, for three years from March 10, 1875, for $5000; $2000 to attach from March 10, $2000 more to attach at the expiration of thirty days after March 10, and $1000 more to attach upon the completion of said dwelling-house; and that the policy was in the possession of the defendant, who refused to deliver the same to the plaintiff, and the…
1Opinion of the CourtEndicott, J.
The plaintiff does not seek to recover on the policy; and the evidence introduced by him fails to show any *343oral contract to insure on March 10, or the issue of any certifi» cote binding the company during correspondence. The insurance contemplated by the parties was by a policy to be issued by the defendant, and to be delivered to the plaintiff upon payment of the premium. Markey v. Mutual Benefit Ins. Co. 118 Mass. 178,194, and cases cited. Such a policy was issued, and the defendant’s agent notified the plaintiff that he had it. It remained in the agent’s hands, or in Stackpole’s, who was…
2Cases cited1 opinion
- Markey v. Mutual Benefit Life InsuranceMassachusetts Supreme Judicial Court · 1875
3Cited by10 opinions
- Wainer v. Milford Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1891
- Michelson v. Franklin Fire Insurance Co. of PhiladelphiaMassachusetts Supreme Judicial Court · 1925
- Rapp v. Lester L. Burdick, Inc.Massachusetts Supreme Judicial Court · 1957
- Cunningham v. Connecticut Fire InsuranceMassachusetts Supreme Judicial Court · 1909
- Carley v. Liberty Hat Manufacturing Co.Supreme Court of New Jersey · 1911
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