Legal Opinion

Federal Insurance v. Gilmour

Massachusetts Supreme Judicial Court

Decided June 8, 1910PublishedCited by 6 opinions

Bill in equity, begun as an action of contract by writ dated September 28, 1908, and amended into a suit in equity in the Superior Court for an accounting, as stated in the opinion. The case was referred to John Noble, Esquire, as master, and thereafter was reserved by Richardson, J., upon the pleadings, the master’s report and exceptions of the plaintiff thereto, for determination by this court.

1Opinion of the CourtRugg, J.

This is a suit in equity for an accounting between a fire insurance company and its agents. The material facts are that the defendants were constituted the agents of the plaintiff by a contract dated September 3, 1903, which set out the terms under which the business was to be done. .It contained no express provision as to termination, and both parties assumed that the relation would be of long duration. On February 15, 1907, the plaintiff telegraphed the defendants in substance that it had reinsured its fire risks and discontinued that branch of its business. The controversy arises as to the…

2Cases cited3 opinions

  1. Smith v. Vose & Sons Piano Co.Massachusetts Supreme Judicial Court · 1907
  2. Jennings v. PufferMassachusetts Supreme Judicial Court · 1909
  3. Way v. GreerMassachusetts Supreme Judicial Court · 1907

3Cited by6 opinions

  1. Selectmen of Natick v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1911
  2. Hay v. Union Fire InsuranceSupreme Court of North Carolina · 1914
  3. Union Mutual Casualty Insurance v. Insurance Budget Plan, Inc.Massachusetts Supreme Judicial Court · 1935
  4. Innes v. HayWyoming Supreme Court · 1922
  5. Nutting v. KneelandMassachusetts Supreme Judicial Court · 1952

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