Searle v. Dwelling House Insurance
Massachusetts Supreme Judicial Court
Contract on a policy of insurance, in the form prescribed by the Pub. Sts. c. 119, §139, (St. 1887, c. 214, § 60,) against loss by fire, in the sum of $860, for five years from June 11, 1884, issued by the defendant to the plaintiff upon certain personal property. At the trial in the Superior Court, before Barker, J.¿ the jury returned a verdict for the plaintiff; and the defendant alleged exceptions.
1Opinion of the CourtDevens, J.
The property insured was destroyed by fire on October 11, 1885, and, assuming that it was correctly held by the court that the formal proof of loss made by the plaintiff, on May 27,1886, was rendered too late to be a compliance with the condition of the policy of insurance upon her property, which required such proof in case of loss to be rendered “ forthwith,” the question to be determined is, whether there was any evidence sufficient to justify a finding by the jury that the defendant company had waived a strict compliance with such condition.
*264The witness, John L. Norris, was not an officer…
2Cases cited1 opinion
- Little v. Phœnix InsuranceMassachusetts Supreme Judicial Court · 1877
3Cited by28 opinions
- Sheehan v. Commercial Travelers Mutual Accident Ass'n of AmericaMassachusetts Supreme Judicial Court · 1933
- Boruszweski v. Middlesex Mutual Assurance Co.Massachusetts Supreme Judicial Court · 1904
- Wright v. Fire InsuranceMontana Supreme Court · 1892
- Shapiro v. Security InsuranceMassachusetts Supreme Judicial Court · 1926
- Ruthven Bros. v. American Fire InsuranceSupreme Court of Iowa · 1897
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