Commonwealth v. Wetherbee
Massachusetts Supreme Judicial Court
Indictment on the St. of 1867, c. 267, § 5,* for acting in the transaction of the business of insurance as agent of an insurance company not incorporated in this Commonwealth, without first procuring from the insurance commissioner a certificate of authority so to do. Trial in the superior court, before Dewey, J., to whose rulings the defendant alleged exceptions.
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Indictment on the St. of 1867, c. 267, § 5,* for acting in the transaction of the business of insurance as agent of an insurance company not incorporated in this Commonwealth, without first procuring from the insurance commissioner a certificate of authority so to do. Trial in the superior court, before Dewey, J., to whose rulings the defendant alleged exceptions. The constitution, by-laws, charter, prospectus and certificate of membership of the alleged insurance company, and also the application of Frederick M. Hopkins, hereafter referred to, were made parts of the bill of exceptions ; and…
1Opinion of the CourtGray, J.
A contract of insurance is an agreement, by which one party, for a consideration, (which is usually paid in money, either in one sum, or at different times during the continuance of the risk,) promises to make a certain payment of money upon the destruction or injury of something in which the other party has an interest. In fire insurance and marine insurance, the thing insured is property; in life or accident insurance, it is the life or health of a person. In either case, neither the times and amounts of payments by the assured, nor the modes of estimating or securing the payment of the sum…
2Cited by71 opinions
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- Martin v. StubbingsIllinois Supreme Court · 1888
- Bowers v. Lawyers Mortgage Co.Supreme Court of the United States · 1932
- Commissioner of Internal Revenue v. TreganowanCourt of Appeals for the Second Circuit · 1950
- Tyler v. Treasurer & Receiver GeneralMassachusetts Supreme Judicial Court · 1917
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