Horn v. Dorchester Mutual Fire Insurance
Massachusetts Supreme Judicial Court
Three actions oe contract, by the same plaintiff against three different insurance companies, on policies of insurance against fire covering a dwelling house, a horse barn and a cow barn of the plaintiff in the town of Adams.
Read the full summary
Three actions oe contract, by the same plaintiff against three different insurance companies, on policies of insurance against fire covering a dwelling house, a horse barn and a cow barn of the plaintiff in the town of Adams. Writs dated August 26,1907. In the Superior Court the cases were tried together before Hitchcock, J. It appeared in evidence that one Crosier, an insurance agent having an office at Adams, wrote insurance for one Miller, an agent for the defendant companies, upon a commission basis; that the property mentioned above was insured through Miller and that a commission was…
1Opinion of the CourtRugg, J.
The first question is whether Crosier was the agent of the plaintiff in what he did as to the cancellation of the policies. There was no general or previous agency, nor express authority from the plaintiff to him to cancel upon condition; hence Faulkner v. Manchester Assurance Co. 171 Mass. 349, is distinguishable. If the agency exists, it must be implied from these facts: The plaintiff was solicited to let the insurance policies in issue be written by Crosier; the plaintiff assented, and the amount to be placed was decided upon between the plaintiff and the representative of a bank, which…
2Cases cited6 opinions
- Green v. Star Fire InsuranceMassachusetts Supreme Judicial Court · 1906
- Clapp v. HaleMassachusetts Supreme Judicial Court · 1873
- Gordon v. LevineMassachusetts Supreme Judicial Court · 1908
- Stevens v. WoodMassachusetts Supreme Judicial Court · 1879
- Moseley v. HatchMassachusetts Supreme Judicial Court · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Robbins v. Pacific Eastern Corp.California Supreme Court · 1937
- Everson v. Casualty Co. of AmericaMassachusetts Supreme Judicial Court · 1911
- O'Brien v. SheaMassachusetts Supreme Judicial Court · 1911
- Bauer v. Bond & Goodwin Inc.Massachusetts Supreme Judicial Court · 1934
- Fisher v. MacDonaldMassachusetts Supreme Judicial Court · 1955
6 more not listed; retrieve them via the Exa API.