Johnson v. Norwalk Fire Insurance
Massachusetts Supreme Judicial Court
Contract, upon a policy of insurance against loss by fire, upon a building used as a grocery store and upon stock and fixtures therein owned by the plaintiff, in Natick. The evidence showed a total loss on October 15, 1897, and was within the time covered by the policy.
Read the full summary
Contract, upon a policy of insurance against loss by fire, upon a building used as a grocery store and upon stock and fixtures therein owned by the plaintiff, in Natick. The evidence showed a total loss on October 15, 1897, and was within the time covered by the policy. At the trial in the Superior Court, before Sherman, J., the plaintiff testified that he had lived in Natick for some years, but was obliged to move his wife from that place because of her health to Fitchburg, on June 8, 1897, but returned to Natick on the following day ; that he went back to Fitchburg on June 11, having locked…
1Opinion of the CourtLathrop, J.
The policy in this case declares that it shall be void, if, without the assent of the insurance company, “the premises hereby insured shall become vacant by the removal of the owner or occupant, and so remain vacant for more than thirty days without such assent.” The only question presented is whether on the evidence stated in the bill of exceptions the judge should have ruled, as matter of law, that, according to the terms of the policy, the plaintiff was not entitled to recover. We are of opinion that the judge was right in refusing this ruling, and in submitting the question to the jury.
Mos…
2Cases cited3 opinions
- Ashworth v. Builders' Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1873
- Cummins v. . Agricultural Insurance Co.New York Court of Appeals · 1876
- Newmarket Savings Bank v. Royal InsuranceMassachusetts Supreme Judicial Court · 1890
3Cited by2 opinions
- Harris v. North American InsuranceMassachusetts Supreme Judicial Court · 1906
- Russell v. Granite State Fire InsuranceSupreme Judicial Court of Maine · 1922