Cadillac Theatre Co. v. Fitzgerald
Michigan Supreme Court
Error to Wayne; Hosmer (George S.), J. Assumpsit by the Cadillac Theatre Company against James A. Fitzgerald for premiums paid on insurance policies upon leased premises. Judgment for plaintiff on a directed verdict. Defendant brings error.
1Opinion of the CourtClark, J.
William W. Lovett and Sarah E. Lovett were lessors in a lease in which the interest of the' lessees had been assigned to plaintiff, Cadillac Theatre Company. We quote a paragraph of the lease:
“Said second parties shall pay all premiums on insurance to the amount of $40,000 to be carried on said building in company or companies to be approved by said first parties, and the policies for said sum of $40,000 insurance shall be taken out in the names of said first parties, and shall be for their sole use and benefit”
—and the following from a later lease of same *8premises dated July 8, 1913, between…
2Cases cited9 opinions
- Tanner v. MerrillMichigan Supreme Court · 1895
- Hoey v. RossMichigan Supreme Court · 1915
- Lane v. Insurance Co.Supreme Court of North Carolina · 1906
- Lane v. . Insurance CompanySupreme Court of North Carolina · 1906
- Richmond v. KelseyMassachusetts Supreme Judicial Court · 1916
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3Cited by2 opinions
- Jackson City Bank & Trust Co. v. BlairMichigan Supreme Court · 1952
- Townsend v. First Federal Savings & Loan Ass'nSupreme Court of Florida · 1943