Legal Opinion

Putnam v. Home Insurance

Massachusetts Supreme Judicial Court

Decided October 19, 1877PublishedCited by 17 opinions

Contract. Writ dated August 18, 1875. The declaration alleged that on August 17, 1874, the plaintiff was the owner of a certain building situated in that part of Boston called South Boston, and numbered 636 on Second Street, and of the value of $10,000; that the defendant on said August 17, in consideration of a premium to be paid to it by the plaintiff, agreed to insure the plaintiff against loss or damage to the said building by fire, for twelve months from and including…

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Contract. Writ dated August 18, 1875. The declaration alleged that on August 17, 1874, the plaintiff was the owner of a certain building situated in that part of Boston called South Boston, and numbered 636 on Second Street, and of the value of $10,000; that the defendant on said August 17, in consideration of a premium to be paid to it by the plaintiff, agreed to insure the plaintiff against loss or damage to the said building by fire, for twelve months from and including said August 17, in the sum of $1000; that the defendant neglected and refused to fulfil its said agreement, and that said…

1Opinion of the CourtAmes, J.

No attempt has been made, in the argument for the defendant, to maintain the position that its local agents did not make substantially the contract which the plaintiff alleges that they did make. The evidence reported certainly tends to show that there was an agreement to insure the building, which *329was intended to be binding upon the company from the moment of the entry upon “ the binding-book; ” and to continue in force at all events until the premises should be inspected by the special agent, Balloch.

The only question remaining to be considered is whether there was any evidence of authority…

2Cited by17 opinions

  1. Commercial Union Assurance Co. v. State ex rel. SmithIndiana Supreme Court · 1888
  2. Hardwick v. State InsuranceOregon Supreme Court · 1891
  3. Lea v. Atlantic InsuranceSupreme Court of North Carolina · 1915
  4. Shumway v. Home Fire & Marine Insurance Co. of CaliforniaMassachusetts Supreme Judicial Court · 1938
  5. King v. CoxSupreme Court of Arkansas · 1896

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