[DOWNLOAD] "Kana v. Fishman Et Al." by Supreme Judicial Court of Massachusetts ~ eBook PDF Kindle ePub Free
eBook details
- Title: Kana v. Fishman Et Al.
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 26, 1931
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
WAIT, J. The plaintiff brought her bill in equity under G. L. c. 175, § 113, as amended by St. 1923, c. 149, § 2, which authorizes a judgment creditor who has suffered loss or damage on account of bodily injury or of damage to property, to compel the application to the judgment of insurance money due to the judgment debtor, if at the accrual of the cause of action, the debtor was insured against liability for such loss. She had recovered judgment against the defendant Fishman, for injury received in January 1927, and sought to compel payment out of insurance claimed to be due to Fishman from the defendant New Jersey Fidelity & Plate Glass Insurance Company, which had issued a policy insuring Fishman against loss arising from accident on the premises where the plaintiff was hurt. The bill was taken as confessed against Fishman who defaulted. The insurance company admitted that the policy had issued and was in force in January, 1927; but denied liability to Fishman or the plaintiff. It set up that the policy required as conditions of liability that the assured, on the occurrence of an accident covered by the policy, should 'give immediate written notice thereof with the fullest information obtainable at the time, to the company at its home office at Newark, New Jersey or to one of its duly authorized agents'; should give like notice of any claim made on account of such accident; and if, thereafter, suit was brought against him, 'shall immediately forward to the company every summons or other process served upon the assured'; and that these conditions had not been complied with. On motion eight issues were framed for a jury. The cause is before us upon exceptions claimed at the trial to the jury, and an appeal from a final decree dismissing the bill with costs. At the jury trial the plaintiff claimed exception to the denial of her motion that two additional issues be framed. The original order framing the issues provided 'that such other issues be framed as may be necessary by the trial Court.' Whether any and, if any, what additional issues should be framed and submitted to the jury under this order rested in the discretion of the trial Judge. No abuse of discretion in denying the motion appears. Bolton v. Van Heusen, 249 Mass. 503, 506, 144 N.E. 384.