Legal Opinion

Pratt v. Burdon

Massachusetts Supreme Judicial Court

Decided June 15, 1897PublishedCited by 8 opinions

Contract, by a person engaged in negotiating insurance in domestic companies, having no license under St. 1887, c. 214, either as agent or broker, authorizing him to negotiate insurance in foreign insurance companies, against an agent of a foreign insurance company for one half of the commission upon the premiums paid to a foreign insurance company by two individuals for policies upon their lives.

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Contract, by a person engaged in negotiating insurance in domestic companies, having no license under St. 1887, c. 214, either as agent or broker, authorizing him to negotiate insurance in foreign insurance companies, against an agent of a foreign insurance company for one half of the commission upon the premiums paid to a foreign insurance company by two individuals for policies upon their lives. Trial in the Superior Court, without a jury, before Hammond, J., who found for the defendant; and the plaintiff alleged exceptions, the nature of which appears in the opinion.

1Opinion of the CourtKnowlton, J.

By the St. of 1887, c. 214, § 98, “ Any person who shall assume to act as an insurance agent, or insurance broker, without license therefor,” is punishable by a fine of not less than a hundred or more than five hundred dollars. The first part of § 93 of this chapter is as follows: “ Whoever for compensation acts or aids in any manner in negotiating contracts of insurance or reinsurance, or placing risks or effecting insurance or reinsurance for a person other than himself, and not being the appointed agent or officer of the company in which such insurance or reinsurance is effected, shall be…

2Cases cited3 opinions

  1. Gleason v. NelsonMassachusetts Supreme Judicial Court · 1894
  2. Desmond v. StebbinsMassachusetts Supreme Judicial Court · 1885
  3. Loud v. HallMassachusetts Supreme Judicial Court · 1871

3Cited by8 opinions

  1. Hill v. IglehartCourt of Appeals of Maryland · 1924
  2. Hawes Electric Co. v. AngellMassachusetts Supreme Judicial Court · 1955
  3. Golder v. RabinowitzSuperior Court of Pennsylvania · 1936
  4. Maloon v. BarrettMassachusetts Supreme Judicial Court · 1906
  5. Commonwealth Mutual Fire Insurance v. Fairbank Canning Co.Massachusetts Supreme Judicial Court · 1899

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