Legal Opinion

Cadillac Theatre Co. v. Fitzgerald

Michigan Supreme Court

Decided April 10, 1920No. Docket No. 40PublishedCited by 2 opinions

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

  1. Tanner v. MerrillMichigan Supreme Court · 1895
  2. Hoey v. RossMichigan Supreme Court · 1915
  3. Lane v. Insurance Co.Supreme Court of North Carolina · 1906
  4. Lane v. . Insurance CompanySupreme Court of North Carolina · 1906
  5. Richmond v. KelseyMassachusetts Supreme Judicial Court · 1916

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3Cited by2 opinions

  1. Jackson City Bank & Trust Co. v. BlairMichigan Supreme Court · 1952
  2. Townsend v. First Federal Savings & Loan Ass'nSupreme Court of Florida · 1943

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