Phoenix Insurance v. Frissell
Massachusetts Supreme Judicial Court
Contract, with a count in tort, for the failure of the defendant, who was the plaintiff's agent, to cancel a policy of insurance, as directed. Trial in the Superior Court, without a jury, before Knowlton, J., who found for the plaintiff; and the defendant alleged exceptions, which appear in the opinion.
1Opinion of the CourtMorton, C. J.
The plaintiff is a corporation established in the State of Connecticut. The defendant was its agent at Burlington, in the State of Vermont. He issued a policy of insurance to the Shepherd and Morse Lumber Company upon its “dry-house” in Burlington, and, on February 10, 1885, notified the plaintiff of it. The plaintiff on the same day notified the defendant by letter that it declined to take the risk, and directed him to cancel the policy. This letter was received by the defendant on February 11. The policy contained the provision that “ it may also be terminated at any time at the option of…
2Cited by6 opinions
- Hill v. MurphyMassachusetts Supreme Judicial Court · 1912
- British American Insurance v. WilsonSupreme Court of Connecticut · 1905
- Northern Assurance Co. of England v. BorgeltNebraska Supreme Court · 1903
- Phoenix Insurance v. SeegersSupreme Court of Alabama · 1915
- St. Paul Fire & Marine Insurance v. LaubensteinWisconsin Supreme Court · 1916
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