Commonwealth v. Shoe & Leather Dealers' Fire & Marine Insurance
Massachusetts Supreme Judicial Court
Upon applications made by the Insurance Commissioner to this court, under Gen. Sts. c. 58, § 6, the insurance companies, defendants in these several cases, had been enjoined from the further continuance of their business, and receivers had been appointed to take possession of their property and effects, for the purpose of settling their affairs.
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Upon applications made by the Insurance Commissioner to this court, under Gen. Sts. c. 58, § 6, the insurance companies, defendants in these several cases, had been enjoined from the further continuance of their business, and receivers had been appointed to take possession of their property and effects, for the purpose of settling their affairs. The petitioners, Low and another, were insured by the Shoe and Leather Dealers’ Fire and Marine Insurance Company against loss by fire, for the term of one year from March 20, 1872. On November 9, the loss insured against occurred, and on the 6th of…
1Opinion of the CourtGray, J.
In each of these cases, the petitioners, at the time when all the property of the insurance company was sequestered and placed in the hands of receivers, had a valid claim against the company for the amount of a loss by fire under a policy of insurance issued to them by the company, and were also debtors to the company upon promissory notes signed by the petitioners and held by the company; and the question presented for our determination is whether the petitioners are entitled to have their liabilities upon the notes set off against their claims upon the policies.
The statutes of this…
2Cases cited4 opinions
- Gray v. RolloSupreme Court of the United States · 1874
- Holbrook v. Receivers of the American Fire InsuranceNew York Court of Chancery · 1836
- Osgood v. . De GrootNew York Court of Appeals · 1867
- Drake v. RolloU.S. Circuit Court for the Northern District of Illnois · 1872
3Cited by7 opinions
- Phœnix Insurance v. Erie & Western Transportation Co.Supreme Court of the United States · 1886
- Downey v. HumphreysCalifornia Court of Appeal · 1951
- Massachusetts Motor Vehicle Reinsurance Facility v. Commissioner of InsuranceMassachusetts Supreme Judicial Court · 1980
- Jones v. Arena Publishing Co.Massachusetts Supreme Judicial Court · 1898
- Commonwealth v. Hide & Leather InsuranceMassachusetts Supreme Judicial Court · 1875
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