Cumings v. Hildreth
Massachusetts Supreme Judicial Court
Two ACTIONS OF CONTRACT by the receivers of the Massachusetts Mutual Fire Insurance Company to recover assessments imposed upon the defendant as a member of said company. Trial in the Superior Court, before Pitman, J., who, after verdict, reported the case for the determination of this court in substance, as follows: The cases were tried together; and the only question made at the trial was whether the defendant was liable to be assessed as a member of the company.
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Two ACTIONS OF CONTRACT by the receivers of the Massachusetts Mutual Fire Insurance Company to recover assessments imposed upon the defendant as a member of said company. Trial in the Superior Court, before Pitman, J., who, after verdict, reported the case for the determination of this court in substance, as follows: The cases were tried together; and the only question made at the trial was whether the defendant was liable to be assessed as a member of the company. The plaintiffs introduced evidence that Jeremiah Williams represented to the company that he was the owner of the premises…
1Opinion of the CourtWells, J.
The policy issued to Williams, guardian, was a personal contract, which he could transfer like any contract to which he was a party in his own right. His oral authority to Austin was sufficient for that purpose. The report shows that the policy was intended in good faith to insure property in which *311Williams was supposed to have some title or interest. Even if it failed to do so by reason of want of insurable interest in him, it would not be void as a wager policy. When it was transferred to the defendant, who then owned the property, and the transfer was assented to by the insurance company…
2Cases cited1 opinion
- Commonwealth v. Massachusetts Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1873
3Cited by1 opinion
- Grant v. Eliot & Kittery Mutual Fire InsuranceSupreme Judicial Court of Maine · 1883