Massasoit Steam Mills Co. v. Western Assurance Co.
Massachusetts Supreme Judicial Court
Contract. The first count was upon a policy of insurance against fire, alleged to have been made on November 2, 1875, by the defendant to the plaintiff. The second count was upon an agreement to insure and to deliver a policy of insurance.
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Contract. The first count was upon a policy of insurance against fire, alleged to have been made on November 2, 1875, by the defendant to the plaintiff. The second count was upon an agreement to insure and to deliver a policy of insurance. Writ dated September 18, 1876. At the trial in the Superior Court, before Wilkinson, J., the following facts appeared : The plaintiff’s property, described in the policy, was partially destroyed by a fire which broke out between 11 and 12 o’clock on the night of November 2, 1875. On or before November 1, 1875, Holden P. Durfee, the treasurer of the…
1Opinion of the CourtLord, J.
There can be no doubt that the policy of the Revere Insurance Company had attached before the fire. On or before November 1, 1875, application was made in behalf of the plaintiff for insurance. This application was made to Jackson and Hinckley, who were agents of the defendant company, and agents also of the Revere Insurance Company. These agents had authority to issue policies of the Revere Insurance Company. They had no authority to issue policies of the defendant company, though they had authority temporarily to bind it. On November 1, such agents informed the agent of the plaintiff that…
2Cited by11 opinions
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- Green v. Star Fire InsuranceMassachusetts Supreme Judicial Court · 1906
- Norwich Union Fire Ins. Society v. DaltonCourt of Appeals of Texas · 1914
- Charles Lippincott & Co. v. RichUtah Supreme Court · 1899
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