Morrill v. Weeks
Supreme Court of New Hampshire
Bill in Equity, for an accounting. February 19, 1880, the parties bought out the insurance business of Charles W. Cilley for $250, each contributing one half of this amount, and on the same day entered into an agreement under seal for the purpose of carrying on the business.
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Bill in Equity, for an accounting. February 19, 1880, the parties bought out the insurance business of Charles W. Cilley for $250, each contributing one half of this amount, and on the same day entered into an agreement under seal for the purpose of carrying on the business. The material parts -of the agreement are as follows: “ In consideration whereof, the said Rufus M. Weeks hereby agrees to have the said Morrill & Danforth issue policies upon, or cause the same to be placed in companies other than their own upon, all insurance risks in which he shall become interested as agent or broker,…
1Opinion of the CourtYoung, J.
The first question in construing this contract is to ascertain the time the parties intended it should continue in force, and the acts of the parties and the language of the contract furnish all the evidence we have in regard to it. These show that they intended to engage in the insurance business on joint account for the term of five years, unless one of them should desire to withdraw from the business within that time, and in that event a way was provided by which it might be done. This is the effect of the language if given its usual and natural meaning; and while it is perhaps capable of…
2Cases cited1 opinion
- Leaird v. . SmithNew York Court of Appeals · 1871
3Cited by4 opinions
- Dame v. WoodSupreme Court of New Hampshire · 1908
- Day v. TownsSupreme Court of New Hampshire · 1911
- R.C. Taylor Trust v. KotheCourt of Appeals for the First Circuit · 1929
- Durand v. CohenSupreme Court of New Hampshire · 1934