Phoenix Ins. Co. v. Hamilton
Supreme Court of the United States
Error to the Circuit Court for the Northern District of Ohio; the case being thus: Hamilton and Cook were partners in the grain eommission business, at Toledo, Ohio, and kept their consignments of grain in store in an elevator at that place belonging to the Michigan Southern Railroad Company, whose servants had the entire charge and care of it.
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Error to the Circuit Court for the Northern District of Ohio; the case being thus: Hamilton and Cook were partners in the grain eommission business, at Toledo, Ohio, and kept their consignments of grain in store in an elevator at that place belonging to the Michigan Southern Railroad Company, whose servants had the entire charge and care of it. Hamilton retired from the firm in July, 1867, hut no notice of the dissolution was given, and by common agreement Cook was allowed to carry on the business in the partnership name until the'end of the year. During this term insurance to the amount of…
1Opinion of the CourtJustice Bradley
The principal question is whether insurance can be effected in the name of a nominal partnership where the business is carried on by and for the use of one of the partners.
Hamilton was a nominal partner, held out to the world as a member of the firm by his own consent, and affected with every liability of a partner — to consignors, creditors, and all persons dealing with the concern. The plaintiffs contended that this was a sufficient iuterest to support the policy, at least, in a commission business where insurance was effected for the benefit of the real owners of the goods. It is objected…
2Cases cited2 opinions
- Columbian Insurance Co. of Alexandria v. LawrenceSupreme Court of the United States · 1829
- De Forest v. Fulton Fire InsuranceThe Superior Court of New York City · 1828
3Cited by6 opinions
- California Insurance v. Union Compress Co.Supreme Court of the United States · 1890
- Commonwealth Casualty Co. v. ArrigoCourt of Appeals of Maryland · 1931
- Texas Banking & Insurance v. CohenTexas Supreme Court · 1877
- In re WhitingCourt of Customs and Patent Appeals · 1931
- Clark v. Aetna InsuranceSupreme Court of New Hampshire · 1935
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