Marsh v. N. W. Nat. Ins. Co.
District Court, E.D. Wisconsin
This was a libel in personam on a policy of insurance. The libellants, Marsh & Sternberg, partners in trade in the city of Buffalo, made an agreement with William B. Hibbard, of Milwaukee, to purchase wheat for them at Milwaukee and ship it to Buffalo, libellants to pay for each cargo, and if there should be a profit on a cargo Hibbard was to have half the profit, and if there were a loss on a cargo he was to pay half the loss.
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This was a libel in personam on a policy of insurance. The libellants, Marsh & Sternberg, partners in trade in the city of Buffalo, made an agreement with William B. Hibbard, of Milwaukee, to purchase wheat for them at Milwaukee and ship it to Buffalo, libellants to pay for each cargo, and if there should be a profit on a cargo Hibbard was to have half the profit, and if there were a loss on a cargo he was to pay half the loss. Libellants were to transact the business in Buffalo, and Hib-bard in Milwaukee. Under this arrangement Hibbard, with three persons associated with him, purchased and…
1Opinion of the Court
MTT/TjETL District Judge.
Under the agreement between Marsh & Sternberg, the libellants, and William B. Hibbard, he purchased several cargoes of wheat in Milwaukee, and shipped them for Marsh & Stern-berg to Buffalo. This business continued through a portion of the season of 1871. The associates of Hibbard were not known to or recognized by Marsh & Sternberg as partners. Hibbard associated these persons with him on his own account, without regard to Marsh & Sternberg. These persons were in no sense the partners of Marsh & Sternberg, nor do they in any manner change the original relations…
2Cases cited9 opinions
- Post & Dowding v. Ætna InsuranceNew York Supreme Court · 1864
- Boehen v. . Williamsburgh Insurance Co.New York Court of Appeals · 1866
- Trustees of the First Baptist Church v. Brooklyn Fire InsuranceNew York Court of Appeals · 1863
- Coles v. ColesNew York Supreme Court · 1818
- Brigham v. EvelethMassachusetts Supreme Judicial Court · 1813
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Atchison, Topeka & Santa Fe Railway Co. v. HucklebridgeSupreme Court of Kansas · 1901