Legal Opinion

Witherell v. Maine Insurance

Supreme Judicial Court of Maine

Decided July 1, 1861PublishedCited by 17 opinions

On Exceptions by dependants. Assumpsit or a policy of ÍRSRraRce upoR a stock of goods, dated Jmie 26, 1857, aRd reRewed June 26, 1858.

1Opinion of the Court

Tbe case is stated in tbe opinion of tbe Court wbicb was drawn tip by

May, J.

That Randall B. Clark was tbe general agent of tbe defendants, witb full power to issue policies of in*201surance in their behalf, according to his own discretion, was not, at the trial of this action, and is not now denied. In 1857, while he was such agent, the plaintiff applied to him for insurance on his stock of goods in Calais, and inquired at what rate he would take the risk. Clark declined to insure until he had a description of the premises. The plaintiff, being himself but little acquainted with the premises,…

2Cases cited2 opinions

  1. City Fire Insurance v. CorliesNew York Supreme Court · 1839
  2. Case v. Hartford Fire InsuranceIllinois Supreme Court · 1852

3Cited by17 opinions

  1. Sheppard v. Peabody Ins.West Virginia Supreme Court · 1883
  2. Price v. Phœnix Mutual Life InsuranceSupreme Court of Minnesota · 1871
  3. Queen Insurance v. Patterson Drug Co.Supreme Court of Florida · 1917
  4. California Southern Hotel Co. v. CallenderCalifornia Supreme Court · 1892
  5. American Home Assurance Co. v. IngeneriSupreme Judicial Court of Maine · 1984

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