Boot & Shoe Manufacturers' Mutual Fire Insurance v. Melrose Orthodox Congregational Society

Wells, J. The rulings at the trial were entirely correct, and in accordance with the principles of law as announced by this [201] court in Commonwealth v. Massachusetts Insurance Co. 112 Mass 116 ; and Cumings v. Sawyer, ante, 30. The by-law relating to the surrender of policies does not apply to cases where the assured has suffered a total loss. Upon the facts stated in the bill of exceptions, the judge rightly ruled that the defendant could maintain no defence to the action. Exceptions overruled.