Washburn & Moen Mfg. Co. v. Reliance Marine Ins.

PUTNAM, Circuit «Judge

(orally). This was, undoubtedly, a Massachusetts contract. It was delivered in this state by the agent of the defendant company, and, clearly, it is within Equitable Life Assur. Soc. v. Clements, 140 U. S. 226, 11 Sup. Ct. 822, 35 L. Ed. 497. So far, therefore, as any local usages which have become a part of the subject-matter of underwriting marine risks in Massachusetts are concerned, this court: would be bound to adopt the law as established by the decisions of the state court; yet, so far as a question comes up which is not one of mere local usage, but of general…