Johnson v. Campbell
Massachusetts Supreme Judicial Court
Two actions oe contract. The first was brought by Francis M. Johnson, Horace Eaton and George A. Brackett, commission merchants and copartners, doing business in Boston under the firm name of Johnson, Eaton & Brackett, against Arba Campbell and Charles Campbell, manufacturers of leather and copartners, doing business at Owego, in the State of New York, under the firm name of A. Campbell & Co., to recover the difference between the amount of their advances on leather sent…
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Two actions oe contract. The first was brought by Francis M. Johnson, Horace Eaton and George A. Brackett, commission merchants and copartners, doing business in Boston under the firm name of Johnson, Eaton & Brackett, against Arba Campbell and Charles Campbell, manufacturers of leather and copartners, doing business at Owego, in the State of New York, under the firm name of A. Campbell & Co., to recover the difference between the amount of their advances on leather sent them by the defendants for sale, and the amount received by the plaintiffs from insurance companies, after the loss of the…
1Opinion of the CourtAmes, J.
The circular issued by the firm of Johnson & Co., inviting consignments of goods, does not import that they personally were to be the insurers of such goods against fire. It is merely a promise that the goods shall be insured, or, in the language of the circular, “ shall be covered by insurance as soon as received in store.” A promise to insure is fulfilled by obtaining reasonable and proper security against a contingent loss. The commission which they were to charge upon sales was to compensate them for all their charges for guaranty, for effecting and maintaining insurance, and for certain…
2Cases cited2 opinions
- Stillwell v. . StaplesNew York Court of Appeals · 1859
- De Forest v. Fulton Fire InsuranceThe Superior Court of New York City · 1828
3Cited by7 opinions
- California Insurance v. Union Compress Co.Supreme Court of the United States · 1890
- Johnston v. Charles Abresch Co.Wisconsin Supreme Court · 1904
- Marquardt v. FrenchDistrict Court, S.D. New York · 1893
- Wunderlich v. Palatine Fire InsuranceWisconsin Supreme Court · 1899
- Washburn-Crosby Co. v. Home InsuranceMassachusetts Supreme Judicial Court · 1908
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