Legal Opinion

Putnam Tool Co. v. Fitchburg Mutual Fire Insurance

Massachusetts Supreme Judicial Court

Decided November 23, 1887PublishedCited by 14 opinions

Contract upon a policy of insurance, dated January 15,1885, in the form prescribed by the Pub. Sts. c. 119, § 139, issued by the defendant to the plaintiff, and insuring it for the term of one year against loss by fire, to the amount of $2000, “ on patterns contained in storehouse of Putnam Machine Company.” By the terms of the policy it was to be void if, “ without the assent in writing or in print of the company, .... the said property shall be removed.”

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Contract upon a policy of insurance, dated January 15,1885, in the form prescribed by the Pub. Sts. c. 119, § 139, issued by the defendant to the plaintiff, and insuring it for the term of one year against loss by fire, to the amount of $2000, “ on patterns contained in storehouse of Putnam Machine Company.” By the terms of the policy it was to be void if, “ without the assent in writing or in print of the company, .... the said property shall be removed.” The case was sent to an auditor, who found the following facts: The patterns when insured were on the premises of the Putnam Machine…

1Opinion of the CourtW. Allen, J.

Lockey and Allison were special agents for the defendant, to receive and forward to it applications for insurance, and to receive from it and deliver to the parties policies of insurance, and to receive the premiums thereon. They were not authorized to make or to vary contracts of insurance. The word “agents,” printed on the calendar furnished to them by the defendant, does not imply more than this; but if it were held to be an advertisement of them as general agents, it would not import authority in them to waive the express provision of the contract that notice of removal should be given in…

2Cases cited2 opinions

  1. Kyte v. Commercial Union Assurance Co.Massachusetts Supreme Judicial Court · 1887
  2. Eastern Railroad v. Relief Fire InsuranceMassachusetts Supreme Judicial Court · 1870

3Cited by14 opinions

  1. Armstrong v. Agricultural InsuranceNew York Court of Appeals · 1892
  2. Merchants' Planters' Ins. Co. v. MarshSupreme Court of Oklahoma · 1912
  3. Western Nat. Ins. Co. v. MarshSupreme Court of Oklahoma · 1912
  4. Dale v. Continental InsuranceTennessee Supreme Court · 1895
  5. Laclede Fire-Brick Manuf'g Co. v. Hartford Steam-Boiler Inspection & Ins.Court of Appeals for the Eighth Circuit · 1894

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