Monitor Mutual Fire Insurance v. Buffum
Massachusetts Supreme Judicial Court
Contract on four promissory notes given as premium notes, under four policies of insurance. At the trial in the Superior Court before Pitman, J., the case was after verdict for the defendant reported to this court in substance as follows : The defendant denied the making of the notes, which were signed “ James N. Buffum, per John H. Bubier.” The several policies were offered in evidence and were of the same general tenor.
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Contract on four promissory notes given as premium notes, under four policies of insurance. At the trial in the Superior Court before Pitman, J., the case was after verdict for the defendant reported to this court in substance as follows : The defendant denied the making of the notes, which were signed “ James N. Buffum, per John H. Bubier.” The several policies were offered in evidence and were of the same general tenor. Each policy recited that the insured had paid a cash premium and given a deposit note for a like amount. It appeared that the by-laws of the company authorized the taking of…
1Opinion of the CourtWells, J.
The question in this case is simply whether the notes, given to the plaintiff, in the name and behalf of the defendant, became his notes, either by previous authority to Bubier, or by subsequent ratification.
Upon the defendant’s own testimony in the case it appears that he told Bubier that he might procure insurance for him in some good company. Bubier, acting within the scope of this authority, did procure certain policies of insurance for him, giving the notes in question as deposit notes for a part of the premium, in accordance with the by-laws and practice of the insurance company. The…
2Cases cited1 opinion
- Grace v. AdamsMassachusetts Supreme Judicial Court · 1868
3Cited by20 opinions
- Metzger v. . &198tna Ins. Co.New York Court of Appeals · 1920
- Fonseca v. Cunard Steamship Co.Massachusetts Supreme Judicial Court · 1891
- Moruzzi v. Federal Life & Casualty Co.New Mexico Supreme Court · 1938
- Madsen v. Maryland Cas. Co. of BaltimoreCalifornia Supreme Court · 1914
- Kergald v. Armstrong Transfer Express Co.Massachusetts Supreme Judicial Court · 1953
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