Peabody v. Liverpool & London & Globe Insurance
Massachusetts Supreme Judicial Court
Contract, upon a policy of insurance for $10,000, against loss by fire on property of the plaintiffs in Boston, for one year from July 31, 1895. Trial in the Superior Court, before Hopkins, J., who directed the jury to return a verdict for the plaintiffs; and, at the defendant’s request, reported the case for the consideration of this court. The facts appear in the opinion.
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Contract, upon a policy of insurance for $10,000, against loss by fire on property of the plaintiffs in Boston, for one year from July 31, 1895. Trial in the Superior Court, before Hopkins, J., who directed the jury to return a verdict for the plaintiffs; and, at the defendant’s request, reported the case for the consideration of this court. The facts appear in the opinion. The case was argued at the bar in November, 1897, and afterwards was submitted on briefs to all the justices.
1Opinion of the CourtLathrop, J.
The question in this case is whether the policy declared on attached to the goods which were destroyed by fire on September 4, 1895. The description of the property insured was set forth in a rider pasted to the policy, which contained the following clause: “ It is further declared and agreed that goods on which the insured have specific insurance are not covered in whole or in part by this policy, and that the same is not intended to attach to such goods in whole or in part.”
The plaintiffs had other insurance by two marine policies, which covered the goods at the time of the loss, and these…
2Cases cited1 opinion
- Fairchild v. Liverpool & London Fire & Life InsuranceCommission of Appeals · 1872
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- Hartford Steam Boiler Inspection & Insurance v. Firemen's Mutual InsuranceSupreme Court of Connecticut · 1930
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