Gauntlett v. Sea Insurance
Michigan Supreme Court
Appeal from Wayne; Hosmer, J. Bill by John C. Gauntlett, Charles A. Chamberlin, and others against the Sea Insurance Company, the Reliance Marine Insurance Company, the Marine Insurance Company, Limited, and Charles A. Macdonald and J. J. Rardon, copartners as C. A. Macdonald & Company, for the specific performance of an alleged contract for marine insurance. From a decree for complainants, defendants appeal.
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Appeal from Wayne; Hosmer, J. Bill by John C. Gauntlett, Charles A. Chamberlin, and others against the Sea Insurance Company, the Reliance Marine Insurance Company, the Marine Insurance Company, Limited, and Charles A. Macdonald and J. J. Rardon, copartners as C. A. Macdonald & Company, for the specific performance of an alleged contract for marine insurance. From a decree for complainants, defendants appeal. The purpose of this suit is to enforce the specific performance of a contract for marine insurance. The case was heard upon pleadings and proofs taken in open court, and decree entered…
1Opinion of the CourtGrant, J.
(after stating the facts). If any contract was made between these parties, it must be found in the telegrams which passed between Chamberlin and C. A. Macdonald & Co. on the 31st of March. The letter of the same date is only confirmatory of the last telegram sent by Macdonald & Co., and does not change or modify it. The telegram of Chamberlin to Macdonald & Co. of April 3d, asking for names of companies which covered the insurance, and Macdonald & Co.’s reply, cannot be considered, because Chamberlin knew at the time that the vessel was lost, and consequently .there was no vessel in existence…
2Cases cited1 opinion
- Insurance Company v. LymanSupreme Court of the United States · 1873
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- Ten Broek v. JansmaMichigan Supreme Court · 1910
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