Brown v. Franklin Mutual Fire Insurance
Massachusetts Supreme Judicial Court
Contract, upon an alleged oral agreement to insure the plaintiff’s property in Lynn against loss by fire. Trial in the Superior Court, before Blodgett, J., who allowed a bill of exceptions, in substance as follows.
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Contract, upon an alleged oral agreement to insure the plaintiff’s property in Lynn against loss by fire. Trial in the Superior Court, before Blodgett, J., who allowed a bill of exceptions, in substance as follows. The plaintiff sought to recover, on the grounds that Thomas F. Porter was the general ag’ent of the defendant company in Lynn, and as such authorized to bind the company, under the circumstances hereinafter stated; that, if Porter was not the general agent, his method of dealing with the plaintiff was sufficient to justify the jury in finding that he was held out by the defendant…
1Opinion of the CourtLathrop, J.
The only exception taken in this case by the defendant is to the admission of evidence of a general custom and usage to the effect that persons authorized by mutual fire insurance companies in Massachusetts to solicit insurance can bind the company until notice of the refusal of the risk by the company is received by the agent and communicated to the person desiring the insurance.
*568If this were a stock company there could be no doubt of the admissibility of such evidence. Baxter v. Massasoit Ins. Co. 13 Allen, 320. Putnam v. Home Ins. Co. 123 Mass. 324. Baker v. Commercial Union Assurance Co.…
2Cases cited5 opinions
- Commercial Mutual Marine Insurance v. Union Mutual Insurance Co.Supreme Court of the United States · 1857
- Markey v. Mutual Benefit Life InsuranceMassachusetts Supreme Judicial Court · 1869
- Putnam v. Home InsuranceMassachusetts Supreme Judicial Court · 1877
- Emery v. Boston Marine InsuranceMassachusetts Supreme Judicial Court · 1885
- Baker v. Commercial Union Assurance Co.Massachusetts Supreme Judicial Court · 1894
3Cited by16 opinions
- Cherokee Life Ins, Co. v. BrannumSupreme Court of Alabama · 1919
- Sanford v. Orient InsuranceMassachusetts Supreme Judicial Court · 1899
- Shumway v. Home Fire & Marine Insurance Co. of CaliforniaMassachusetts Supreme Judicial Court · 1938
- Elwell v. State Mutual Life Assurance Co.Massachusetts Supreme Judicial Court · 1918
- Green v. Star Fire InsuranceMassachusetts Supreme Judicial Court · 1906
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