Commonwealth Mutual Fire Insurance v. William Knabe & Co. Manufacturing Co.
Massachusetts Supreme Judicial Court
Contract, to recover the amount of six assessments upon the defendant as a policy holder in the plaintiff corporation. The case was submitted to the Superior Court, and, after judgment for the plaintiff, to this court, on appeal, upon agreed facts, in substance as follows.
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Contract, to recover the amount of six assessments upon the defendant as a policy holder in the plaintiff corporation. The case was submitted to the Superior Court, and, after judgment for the plaintiff, to this court, on appeal, upon agreed facts, in substance as follows. The plaintiff was a mutual fire insurance company organized under the laws of this Commonwealth, and was authorized by statute to make insurance upon property located in any part of the United States or Canada. It issued six policies of insuranee to the defendant on property situated in Maryland, in which State the…
1Opinion of the CourtMorton, J.
There can be no question that Blake and Company were the agents of the plaintiff, and that Glover and Company were the agents of the defendant. One question is whether Tate and Cornwall were the agents of the plaintiff or of the defendant. If they were the agents of the defendant, or were not the agents of the plaintiff, then, subject to certain considerations in regard to the terms of the policies which will be referred to later, the policies are Massachusetts contracts. If they were the agents of the plaintiff, it might still be a question whether the policies should not be regarded as…
2Cases cited3 opinions
- Brauer v. ShawMassachusetts Supreme Judicial Court · 1897
- Hartford S. B. I. & Ins. v. Lasher Stocking Co.Supreme Court of Vermont · 1894
- Seamans v. Knapp-Stout & Co.Wisconsin Supreme Court · 1895
3Cited by25 opinions
- Lowell Bar Ass'n v. LoebMassachusetts Supreme Judicial Court · 1943
- Metzger v. . &198tna Ins. Co.New York Court of Appeals · 1920
- Millard v. BraytonMassachusetts Supreme Judicial Court · 1901
- Stone v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1912
- Ritson v. Atlas Assurance Co.Massachusetts Supreme Judicial Court · 1932
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