Prescott v. Jones
Supreme Court of New Hampshire
Assumpsit. The declaration alleged, in substance, that the-defendants, as insurance agents, had insured the plaintiff’s buildings in the Manchester Fire Insurance Company until February 1, 1897; that on January 23, 1897, they notified him that they would renew the policy and insure his buildings for a further term of. one year from February 1, 1897, in the sum of $500,. unless notified to the contrary by him; that he, relying on the promise to insure unless notified to the…
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Assumpsit. The declaration alleged, in substance, that the-defendants, as insurance agents, had insured the plaintiff’s buildings in the Manchester Fire Insurance Company until February 1, 1897; that on January 23, 1897, they notified him that they would renew the policy and insure his buildings for a further term of. one year from February 1, 1897, in the sum of $500,. unless notified to the contrary by him; that he, relying on the promise to insure unless notified to the contrary, and believing,, as he had a right to believe, that the buildings would be insured: by the defendants for one…
1Opinion of the CourtBlodgett, J.
While an offer will not mature into a complete and effectual contract until it is acceded to by the party to whom it is made and notice thereof, either actual or constructive, given to the maker (Abbott v. Shepard, 48 N. H. 14, 17; Perry v. Insur ance Co., 67 N. H. 291, 294, 295), it must be conceded to be within the power of the maker to prescribe a particular form or mode of acceptance; and the defendants having designated in • their offer what they would recognize as notice of its acceptance, namely, failure of the plaintiff to notify them to the contrary, they may properly be held to have…
2Cases cited6 opinions
- Insurance Co. v. MowrySupreme Court of the United States · 1878
- More v. New York Bowery Fire InsuranceNew York Court of Appeals · 1892
- Jones v. ParkerTexas Supreme Court · 1886
- White v. . AshtonNew York Court of Appeals · 1873
- Jackson v. AllenMassachusetts Supreme Judicial Court · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Hendrickson v. International Harvester Co. of AmericaSupreme Court of Vermont · 1927
- Troyer v. FoxWashington Supreme Court · 1931
- Columbia Malting Co. v. Clausen-Flanagan CorporationCourt of Appeals for the Second Circuit · 1924
- Roethemeyer v. MiltonWashington Supreme Court · 1934
- Bank of Buchanan County v. Continental Nat. BankCourt of Appeals for the Eighth Circuit · 1921
8 more not listed; retrieve them via the Exa API.