Wilson v. New Hampshire Fire Insurance
Massachusetts Supreme Judicial Court
Contract upon a policy of insurance, in the form prescribed by the Pub. Sts. c. 119, § 139, against loss by fire, in the sum of $2000, upon a frame building in process of erection in Palmer, and on materials used in building the same, for three years from April 13, 1883. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, upon agreed facts, in substance as follows: On April 12,1883, Homer C. Strong, an insurance…
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Contract upon a policy of insurance, in the form prescribed by the Pub. Sts. c. 119, § 139, against loss by fire, in the sum of $2000, upon a frame building in process of erection in Palmer, and on materials used in building the same, for three years from April 13, 1883. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, upon agreed facts, in substance as follows: On April 12,1883, Homer C. Strong, an insurance broker, in accordance with instructions from the plaintiff, applied to S. C. Warriner, who was an agent for several…
1Opinion of the CourtW. Allee, J.
The contract between the plaintiff and the Union Insurance Company was complete on April 13. Strong’s authority was to procure insurance to the amount of $2000 in some good company; and having done that to the acceptance of the plaintiff, his agency was accomplished, and he had no authority to surrender the policy, or to make further insurance in behalf of the plaintiff. Warriner could have no authority to act for the plaintiff, except what Strong was authorized to give him. When Warriner, on April 23, received instructions from the Union Company to cancel the policy, he did not give the ten…
2Cases cited1 opinion
- Massasoit Steam Mills Co. v. Western Assurance Co.Massachusetts Supreme Judicial Court · 1878
3Cited by4 opinions
- Clark v. Insurance Co. of North AmericaSupreme Judicial Court of Maine · 1896
- Waterloo Lumber Co. v. Des Moines InsuranceSupreme Court of Iowa · 1912
- The Celina Mutual Casualty Co. v. BaldridgeIndiana Supreme Court · 1937
- Mead v. Phenix InsuranceMassachusetts Supreme Judicial Court · 1893