Boston Insurance v. Globe Fire Insurance
Massachusetts Supreme Judicial Court
Two actions OF CONTRACT, each upon a policy of re-insuronce, to recover one half the amount paid for a loss under a policy of marine insurance issued by the plaintiff. The defendant demurred to the declaration in each case, on the ground that the contract of re-insurance was illegal. The Superior Court sustained the demurrers, and ordered judgment for the defendant in each case; and the plaintiff appealed to this court. The facts appear in the opinion.
1Opinion of the CourtMorton, J.
In each of these cases there was a demurrer, which was sustained, and judgment ordered for the defendant. The plaintiff thereupon appealed to this court. The declaration alleges in each case in substance that the defendant made a contract of re-insurance with the plaintiff for $50,000, by which the defendant agreed that it would pay one half of all losses that the plaintiff should suffer by fire under marine policies of insurance for one year not exceeding $5,000 on any one loss; that while the contract was in force the schooner Marguerite and her cargo and freight, which were insured under a…
2Cases cited11 opinions
- Hooper v. RobinsonSupreme Court of the United States · 1879
- Blanchard v. CookeMassachusetts Supreme Judicial Court · 1887
- Hooper v. . the Hudson River Fire Insurance CompanyNew York Court of Appeals · 1858
- Mills v. Farmers' Ins.Supreme Court of Iowa · 1873
- Sawyer v. Dodge County Mutual InsuranceWisconsin Supreme Court · 1875
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3Cited by5 opinions
- Friend Bros. v. Seaboard Surety Co.Massachusetts Supreme Judicial Court · 1944
- Womble v. Dubuque Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1941
- Johnson v. Household Finance Corp.District Court, S.D. Illinois · 1978
- Maurer v. International Re-Insurance Corp.Court of Chancery of Delaware · 1950
- Maurer v. International Re-Insurance CorporationCourt of Chancery of Delaware · 1950