International Trust Co. v. Boardman
Massachusetts Supreme Judicial Court
Bill in equity, filed on January 9, 1888, against Alonzo W. Boardman, the assignee in insolvency of the Goulding Mills, to enforce the payment of a claim of the plaintiff against that corporation, under an agreement made by Mr. Boardman with the plaintiff. The bill was amended by making George F. Kendall, the successor of Mr. Boardman as such assignee, a party defendant.
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Bill in equity, filed on January 9, 1888, against Alonzo W. Boardman, the assignee in insolvency of the Goulding Mills, to enforce the payment of a claim of the plaintiff against that corporation, under an agreement made by Mr. Boardman with the plaintiff. The bill was amended by making George F. Kendall, the successor of Mr. Boardman as such assignee, a party defendant. Hearing before Field, J., who reported the case for the consideration of the full court, in substance as follows. The following facts were agreed. On December 17,1886, and on January 11, 1887, the plaintiff brought successive…
1Opinion of the CourtC. Allen, J.
There are two questions in this case: first, whether the plaintiff must apply the insurance money upon its claim; and secondly, whether the plaintiff is entitled to enforce the agreement of the assignee.
1. It has often been declared by this court, that where a mortgagee, at his own expense and without any agreement or understanding with the mortgagor, obtains insurance upon his interest as mortgagee, and collects the money from the insurer after a loss, he is not bound to account for it to the mortgagor, nor is the insurer entitled to be subrogated to the mortgagee's claim against the…
2Cases cited6 opinions
- Bishop v. PalmerMassachusetts Supreme Judicial Court · 1888
- Washington Mills Emery Manufacturing Co. v. Weymouth & Braintree Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1883
- Clark v. WilsonMassachusetts Supreme Judicial Court · 1869
- Gelpcke v. DubuqueSupreme Court of the United States · 1863
- Haley v. Manufacturers' Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- New England Gas & Electric Ass'n v. Ocean Accident & Guarantee Corp.Massachusetts Supreme Judicial Court · 1953
- Gray v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1913
- Foley v. Manufacturers & Builders' Fire InsuranceNew York Court of Appeals · 1897
- Harrison v. PepperMassachusetts Supreme Judicial Court · 1896
- Shea v. RettieMassachusetts Supreme Judicial Court · 1934
11 more not listed; retrieve them via the Exa API.