Monitor Mutual Fire Insurance v. Young
Massachusetts Supreme Judicial Court
Contract by an insurance company for money had and received, to recover the premiums on four policies issued by the plaintiffs, two in December 1870, and two in January 1871. At the trial in the Superior Court, before Scudder, J., it appeared “ that the defendant was a general insurance broker, not acting in behalf of any particular company; that he procured the policies in question for the assured, signing their names to the applications therefor, and appending to the…
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Contract by an insurance company for money had and received, to recover the premiums on four policies issued by the plaintiffs, two in December 1870, and two in January 1871. At the trial in the Superior Court, before Scudder, J., it appeared “ that the defendant was a general insurance broker, not acting in behalf of any particular company; that he procured the policies in question for the assured, signing their names to the applications therefor, and appending to the signatures the Words, 1 By D. Young & Company,’ which was the name under which he did business; and that the cash premiums…
1Opinion of the CourtMobton, J.
This is an action of contract for money had and received. The evidence showed that the defendant, an insurance broker, had been in the habit of bringing applications for insurance to the plaintiffs in behalf of others; and that the practice was, when the company issued policies upon such applications, to charge the cash premiums to the defendant, who collected them of the assured, and accounted for them to the company in monthly settlements. This evidence was competent to show a course of dealing between the parties, the effect of which was to make the defendant the agent of the plaintiffs…
2Cited by6 opinions
- Hooper v. CaliforniaSupreme Court of the United States · 1895
- American Fire Insurance v. King Lumber & Manufacturing Co.Supreme Court of Florida · 1917
- Farber v. American Automobile InsuranceMissouri Court of Appeals · 1915
- Clay v. Eagle Reciprocal ExchangeSupreme Court of Missouri · 1963
- Marti v. Standard Fire Insurance Co.Supreme Court of New Jersey · 1942
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