SCHOONER DARTMOUTH, INC. v. PIPER


349 Mass. 347 (1965)

208 N.E.2d 214

SCHOONER DARTMOUTH, INC. vs. MERVYN F. PIPER.

Supreme Judicial Court of Massachusetts, Suffolk.

June 10, 1965.


Attorney(s) appearing for the Case

James G. Fay for the plaintiff.

John O. Parker (William T. Conlan with him) for the defendant.

Present: WILKINS, C.J., SPALDING, WHITTEMORE, CUTTER, & SPIEGEL, JJ.


WHITTEMORE, J.

This is an action of tort or contract for damages resulting from reliance on a representation in respect of the coverage afforded by an insurance policy on the Schooner Dartmouth, owned by the plaintiff. The plaintiff's appeal, under G.L.c. 231, § 96, is from the order allowing the defendant's motion for judgment for the defendant on the auditor's report. The reference to the auditor provided that the findings of facts were to be final. The declaration...

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