Massachusetts Supreme Judicial Court, 1876

Mullen v. Dorchester Mutual Fire Insurance

Mullen v. Dorchester Mutual Fire Insurance
Massachusetts Supreme Judicial Court · Decided October 27, 1876
121 Mass. 171; 1876 Mass. LEXIS 323

Counsel

6r. Marston, for the defendant., S. JR. Townsend, for the plaintiff.

Mullen v. Dorchester Mutual Fire Insurance

Opinion of the Court

By the Court.

The terms of the by-law relied on are conclusive against the defendant. Mere neglect to pay an assessment does not affect the policy, unless it has continued for ten days after notice actually received by the assured, or left at his place of abode or of business. It is only when the assured refuses to pay an assessment, or when β€œfor any other cause ” (than has been abeady specially provided for) the risk is considered unequal or injurious to the company, that the right is reserved to the directors to cancel the policy. . Exceptions overruled

Case-law data current through December 31, 2025. Source: CourtListener bulk data.