Palmer Savings Bank v. Insurance Co. of North America
Massachusetts Supreme Judicial Court
Contract, on a policy of insurance against loss by fire. Writ dated March 7, 1894. Trial in the Superior Court, without a jury, before Graskill, J., who found for the plaintiff for the full amount of the policy, and reported the case for the determination of this court. The material facts appear in the opinion.
1Opinion of the CourtField, C. J.
This is an action on a policy of fire insurance, issued on March 12,1890, by the defendant to James W. Calkins, for $400, and made payable in case of loss to the plaintiff “ mortgagee, as its interest may appear.” At the time when the policy was issued, James W. Calkins owned the real estate, and the barn on it, which was the property insured, and the plaintiff, the Palmer Savings Bank, held a mortgage on the property, given by James W. Calkins to the plaintiff to secure his note, payable on demand, for $200. Subsequently James W. Calkins, without the knowledge or assent of the plaintiff,…
2Cases cited28 opinions
- Cone v. . Niagara Fire Insurance CompanyNew York Court of Appeals · 1875
- Kyte v. Commercial Union Assurance Co.Massachusetts Supreme Judicial Court · 1887
- Rindge v. New England Mutual Aid SocietyMassachusetts Supreme Judicial Court · 1888
- Westchester Fire Insurance v. CoverdaleSupreme Court of Kansas · 1892
- Franklin Savings Institution v. Central Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1876
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3Cited by52 opinions
- Opinion of the Justices to the Senate & the House of RepresentativesMassachusetts Supreme Judicial Court · 1925
- Marine Contractors Co. Inc. v. HurleyMassachusetts Supreme Judicial Court · 1974
- Choate, Hall & Stewart v. SCA Services, Inc.Massachusetts Supreme Judicial Court · 1979
- Heller, Hirsch & Co. v. National Marine BankCourt of Appeals of Maryland · 1899
- Glens Falls Insurance v. PorterSupreme Court of Florida · 1902
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