Parker & Young Manufacturing Co. v. Exchange Fire Insurance
Massachusetts Supreme Judicial Court
Five actions oe contract, upon policies of insurance issued by the defendants respectively against loss by fire on the plaintiff’s property in Lisbon, New Hampshire. The cases were referred to an auditor, who found that the policies, which were . procured by the plaintiff through one Hill, a broker, who was secretary of the Prudential Fire Insurance Company of Boston, had been legally cancelled before the loss occurred.
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Five actions oe contract, upon policies of insurance issued by the defendants respectively against loss by fire on the plaintiff’s property in Lisbon, New Hampshire. The cases were referred to an auditor, who found that the policies, which were . procured by the plaintiff through one Hill, a broker, who was secretary of the Prudential Fire Insurance Company of Boston, had been legally cancelled before the loss occurred. The actions were tried together in the Superior Court, before Hopkins, J., who, at the request of the defendants, ruled that the actions could not be maintained, and directed…
1Opinion of the CourtMorton, J.
The defendants .contend that Hill, as an officer of the Prudential Insurance Company, had the general charge of the plaintiff’s insurance on its manufacturing property, and that, as such general agent, it was within the scope of his authority to cancel policies. If this is not so, they further contend that the plaintiff gave him specific authority to cancel the policies in question.
We doubt whether Hill was, as matter of law, the general agent of the plaintiff in respect to its insurance on its manufacturing property, and whether that was not a question for the jury. The general course of…
2Cases cited2 opinions
- Markey v. Mutual Benefit Life InsuranceMassachusetts Supreme Judicial Court · 1869
- Harnden v. Milwaukee Mechanics' InsuranceMassachusetts Supreme Judicial Court · 1895
3Cited by6 opinions
- Chamberlain v. Employers' Liability Assurance Corp.Massachusetts Supreme Judicial Court · 1935
- Pelaggi Co. v. Orient Ins. Co.Supreme Court of Vermont · 1930
- Sleeper v. ParkMassachusetts Supreme Judicial Court · 1919
- Walker v. Lancashire InsuranceMassachusetts Supreme Judicial Court · 1905
- Faulkner v. Manchester Fire Assurance Co.Massachusetts Supreme Judicial Court · 1898
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