Green v. Star Fire Insurance
Massachusetts Supreme Judicial Court
Contract on a policy of insurance against fire for $697.67 and interest, alleged to be the amount agreed upon by the parties of a loss by fire on August 7, 1904, on a building on Ocean Avenue in the town of Revere. Writ in the Municipal Court of the City of Boston dated November 19, 1904. On appeal to the Superior Court the case was tried before jFox, J., without a jury.
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Contract on a policy of insurance against fire for $697.67 and interest, alleged to be the amount agreed upon by the parties of a loss by fire on August 7, 1904, on a building on Ocean Avenue in the town of Revere. Writ in the Municipal Court of the City of Boston dated November 19, 1904. On appeal to the Superior Court the case was tried before jFox, J., without a jury. Frederick L. Cutting, insurance commissioner for the Commonwealth, testified that the Star Fire Insurance Company is a Kentucky corporation authorized to do business in Massachusetts. He produced from the records of his…
1Opinion of the CourtSheldon, J.
The first and most important question raised by these exceptions is as to the authority of Madden, the defendant’s Boston agent. He was apparently appointed by Mitchell and Tyler, the managers of the defendant’s eastern department; or rather it would be more correct to say that he is stated by Mitchell and Tyler in their letter to the insurance commissioner to be ah agent of the company in this State, without any express limitation being stated to exist upon his authority, and without any statement being made of the nature or extent of that authority. If we refer to the previous communication…
2Cases cited18 opinions
- Eastern Railroad v. Relief Firf InsuranceMassachusetts Supreme Judicial Court · 1868
- Pierce v. GeorgeMassachusetts Supreme Judicial Court · 1871
- Cadigan v. CrabtreeMassachusetts Supreme Judicial Court · 1901
- Kyte v. Commercial Union Assurance Co.Massachusetts Supreme Judicial Court · 1887
- Little v. Phœnix InsuranceMassachusetts Supreme Judicial Court · 1877
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3Cited by18 opinions
- Everson v. Casualty Co. of AmericaMassachusetts Supreme Judicial Court · 1911
- American Casualty Co. v. RicasCourt of Appeals of Maryland · 1941
- Worthey v. Sedillo Title Guaranty, Inc.New Mexico Supreme Court · 1973
- Insurance Co. of North America v. Commissioner of InsuranceMassachusetts Supreme Judicial Court · 1951
- New England Acceptance Corp. v. American Manufacturers Mutual InsuranceMassachusetts Appeals Court · 1976
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