Perry v. Dwelling-House Insurance
Supreme Court of New Hampshire
Assumpsit, by George E. Perry against the Dwelling-House Insurance Co., upon a policy of insurance. Trial by jury. Verdict for the plaintiff. The home office of the defendants was in Boston, Massachusetts. George M. Stevens & Son, insurance agents at Lancaster, New Hampshire, prepared the application and sent it to the defendants’ home office, from which they subsequently received the policy, delivered it to the plaintiff, and collected the premium.
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Assumpsit, by George E. Perry against the Dwelling-House Insurance Co., upon a policy of insurance. Trial by jury. Verdict for the plaintiff. The home office of the defendants was in Boston, Massachusetts. George M. Stevens & Son, insurance agents at Lancaster, New Hampshire, prepared the application and sent it to the defendants’ home office, from which they subsequently received the policy, delivered it to the plaintiff, and collected the premium. The application disclosed a mortgage in favor of Mary Simpson, and the policy provided for the payment of the (loss, if any, to her as mortgagee.…
1Opinion of the CourtCarpenter, J.
On the question of agency, the defendants’ previous course of dealing with Stevens & Son was competent evidence. Kent v. Tyson, 20 N. H. 121; State v. Foster, 23 N. H. 348, 353; Prescott v. Flinn, 9 Bing. 19. It is established by the verdict that Stevens & Son, in preparing and forwarding the application, in delivering the policy to the plaintiff and receiving the premium, were the defendants’ agents. The defendants approved the application, executed a policy, and sent it to Stevens & Son with instructions, express or implied, to deliver it to the plaintiff and collect the premium. There was…
2Cases cited6 opinions
- Hall v. Fire Ass'n of PhiladelphiaSupreme Court of New Hampshire · 1887
- Folsom v. Orient Fire Ins.Supreme Court of New Hampshire · 1879
- Eastman v. Provident Mutual Relief Ass'nSupreme Court of New Hampshire · 1889
- Leach v. Republic Fire InsuranceSupreme Court of New Hampshire · 1878
- Stebbins v. Lancashire Ins.Supreme Court of New Hampshire · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Equitable Fire Insurance v. Jefferson Standard Life InsuranceCourt of Appeals of Georgia · 1921
- Bachman v. Travelers InsuranceSupreme Court of New Hampshire · 1916
- Dickey v. HurdCourt of Appeals for the First Circuit · 1929
- Haas v. Mutual Life InsuranceNebraska Supreme Court · 1912
- Franklin v. New Hampshire Fire InsuranceSupreme Court of New Hampshire · 1899
5 more not listed; retrieve them via the Exa API.