Baker v. Commercial Union Assurance Co.
Massachusetts Supreme Judicial Court
Two actions ON CONTRACT. The declaration was the same in each case, and, as amended, contained five counts. The first count alleged that on March 19, 1892, the defendant, by its agent, agreed with the plaintiffs to insure for a period of one year from March 20, 1892, certain property of the plaintiffs, upon the same terms and conditions as were contained in a policy of insurance in the sum of $2,500, issued by the defendant against loss by fire on the same property, and…
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Two actions ON CONTRACT. The declaration was the same in each case, and, as amended, contained five counts. The first count alleged that on March 19, 1892, the defendant, by its agent, agreed with the plaintiffs to insure for a period of one year from March 20, 1892, certain property of the plaintiffs, upon the same terms and conditions as were contained in a policy of insurance in the sum of $2,500, issued by the defendant against loss by fire on the same property, and which expired on that day, and to issue to the plaintiffs, in due course, a policy of insurance in accordance with said…
1Opinion of the CourtKnowlton, J.
The only exception in these cases is to the refusal of the presiding justice to give the jury certain instructions requested by the defendants. No exception was taken to the instructions given.
1. There was evidence to warrant the jury in finding verdicts for the plaintiffs. The jury might well find that the agent of the defendants, when the policies of insurance were about to expire, agreed with the agent of the plaintiffs to hold the policies in force as valid contracts of insurance on the terms stated in them for an additional time for the purpose of enabling the plaintiffs’ agent to…
2Cases cited4 opinions
- Trustees of the First Baptist Ch. v. . Brooklyn Fire Ins.New York Court of Appeals · 1859
- Bouton v. American Mutual Life InsuranceSupreme Court of Connecticut · 1857
- Angell v. . Hartford Fire Ins. Co.New York Court of Appeals · 1874
- Putnam v. Home InsuranceMassachusetts Supreme Judicial Court · 1877
3Cited by11 opinions
- Cherokee Life Ins, Co. v. BrannumSupreme Court of Alabama · 1919
- Mandell v. Fidelity & Casualty Co.Massachusetts Supreme Judicial Court · 1898
- Insurance Co. of North America v. Commissioner of InsuranceMassachusetts Supreme Judicial Court · 1951
- Cunningham v. Connecticut Fire InsuranceMassachusetts Supreme Judicial Court · 1909
- Shumway v. Home Fire & Marine Insurance Co. of CaliforniaMassachusetts Supreme Judicial Court · 1938
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