Legal Opinion

Hayes v. Milford Mutual Fire Insurance

Massachusetts Supreme Judicial Court

Decided March 11, 1898PublishedCited by 13 opinions

Contract, upon a policy of insurance issued by the defendant to the plaintiff on October 29,1895. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, upon agreed facts, the material parts of which appear in the opinion.

1Opinion of the CourtLathrop, J.

The plaintiff, by virtue of a contract with the . Atlas Mutual Insurance Company, made on February 27,1895, was constituted its sole agent, and was to have charge of placing all risks on behalf of said company. He was to receive as compensation for his services “ a sum equivalent to twenty per cent of all sums received from the assured for or on account of all the policies issued on behalf of the company; and also a sum equivalent to ten per cent of the net profits of the business of the company.” The net profits were to be estimated by considering as profits all premiums received or payable…

2Cases cited4 opinions

  1. Eastern Railroad v. Relief Firf InsuranceMassachusetts Supreme Judicial Court · 1868
  2. Wainer v. Milford Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1891
  3. Thomas v. Builders' Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1875
  4. McDowell v. Ætna InsuranceMassachusetts Supreme Judicial Court · 1895

3Cited by13 opinions

  1. Crossman v. American InsuranceMichigan Supreme Court · 1917
  2. Union Institution for Savings v. Phoenix InsuranceMassachusetts Supreme Judicial Court · 1907
  3. Lamson Consolidated Store Service Co. v. Prudential Fire InsuranceMassachusetts Supreme Judicial Court · 1898
  4. Womble v. Dubuque Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1941
  5. Parkway, Inc. v. United States Fire InsuranceMassachusetts Supreme Judicial Court · 1943

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