Chipman v. Foster
Massachusetts Supreme Judicial Court
Contract upon a draft indorsed in blank by the payees, of which the following is a copy: “No 176. 15000. “ New England Agency of the Pennsylvania Fire Insurance Company, Philadelphia. “ Boston, August 18, 1873. “ Pay to the order of Haley, Morse & Company five thousand dollars, b.eing in full of all claims and demands against said company for loss and damage by fire on the 30th day of May 1873, to property insured under policy No. 824 of Boston, Mass., agency. Foster & Cole.
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Contract upon a draft indorsed in blank by the payees, of which the following is a copy: “No 176. 15000. “ New England Agency of the Pennsylvania Fire Insurance Company, Philadelphia. “ Boston, August 18, 1873. “ Pay to the order of Haley, Morse & Company five thousand dollars, b.eing in full of all claims and demands against said company for loss and damage by fire on the 30th day of May 1873, to property insured under policy No. 824 of Boston, Mass., agency. Foster & Cole. “ To the Pennsylvania Fire Insurance Company, Philadelphia.” There were also counts on two other drafts of the same…
1Opinion of the CourtGray, C. J.
Each of these drafts; upon its face, purports to be issued by the New England agency of the Pennsylvania Fire Insurance Company, and shows that Foster & Cole are the general agents of that corporation for the New England States, as well as that the draft is drawn in payment of a claim against the corporation. It thus appears that Foster & Cole, in drawing it, *191acted only as agents of the corporation, as clearly as if they had repeated words expressing their agency after their signature; and they cannot be held personally liable as drawers thereof. Carpenter v. Farnsworth, 106 Mass. 561, and…
2Cases cited1 opinion
- Carpenter v. FarnsworthMassachusetts Supreme Judicial Court · 1871
3Cited by5 opinions
- Stern v. LiebermanMassachusetts Supreme Judicial Court · 1940
- Miller v. RoachMassachusetts Supreme Judicial Court · 1889
- Berenson v. London & Lancashire Fire Insurance Co. of LiverpoolMassachusetts Supreme Judicial Court · 1909
- Simpson v. GarlandSupreme Judicial Court of Maine · 1881
- Devonshire Financial Service Corp. v. BurnsMassachusetts District Court, Appellate Division · 1952