Union Mut. Ins. v. Commercial Mut. Marine Ins.
U.S. Circuit Court for the District of Massachusetts
This was a suit in equity to enforce the specific performance of a contract for a policy of reinsurance. The material facts and parts of the answer bearing on the case are set out in the opinion of the court.
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This was a suit in equity to enforce the specific performance of a contract for a policy of reinsurance. The material facts and parts of the answer bearing on the case are set out in the opinion of the court. But as the decision turned mainly on the responses made to the bill, it is here given, as follows: “The Union Mutual Insurance Company, a corporation duly established by the laws of the state of New York, doing business at the city of New York, in the state of New York, bring this their bill of complaint against the Commercial Mutual Insurance Company, a corporation duly established by…
1Opinion of the Court
CURTIS, Circuit Justice.
This is a bill in equity to enforce the specific performance of a contract to make insurance. An outline of those facts, not controverted, or clearly proved is, that on the 24th of December, 1853, Charles W. Storey, as the agent of the complainants, made application to George H. Folger. as the president of the defendants’ corporation, for reinsurance on the ship Great Republic. The terms of the application were contained in a paper partly printed and partly written, which was as follows: “Reinsurance is wanted by the Union Mutual insurance Company, New York, for ten…
2Cases cited1 opinion
- Sandford v. Trust Fire InsuranceNew York Court of Chancery · 1845
3Cited by2 opinions
- People's United States Bank v. GilsonCourt of Appeals for the Eighth Circuit · 1908
- Van Tassel v. Greenwich InsuranceNew York Supreme Court · 1893