Erick v. Johnson
Massachusetts Supreme Judicial Court
The only question which came before the Court in this action was, whether the persons summoned therein as trustees should be adjudged such. Loring only was examined upon interrogatories, the others summoned as trustees having submitted themselves upon the case, as it appears from his answers ; and by the consent of the plaintiff, the * decision upon those answers [*194] was to extend to all the supposed trustees.
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The only question which came before the Court in this action was, whether the persons summoned therein as trustees should be adjudged such. Loring only was examined upon interrogatories, the others summoned as trustees having submitted themselves upon the case, as it appears from his answers ; and by the consent of the plaintiff, the * decision upon those answers [*194] was to extend to all the supposed trustees. By the answer of Loring, it appears that he, in March, 1805, underwrote for himself and partner T. Curtis the sum of 500 dollars upon a policy of insurance, in which N. Bixby, and…
1Opinion of the CourtSewall, J.
The interest of B. Johnson in the insurance effected by N. Bixby is to be considered as proved by the protest, or as admitted on the part of the underwriters, by the proceedings of their agent upon the receipt of it; and then the general question, whether the underwriters are chargeable, as his trustees, to the amount .of his share in the loss proved by the protest, and awarded by Mr. Jones, depends upon the effect of the adjustment, made by their broker, Mr. Touro, with Messrs. Appleton, acting for N. Bixby, and intrusted by him with the policy effected in his name.
If the discount of his…
2Cited by5 opinions
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