Taylor v. Lowell
Massachusetts Supreme Judicial Court
Assumpsit for the premium upon a policy of insurance. The action was pending in Suffolk county, and was originally com aienced against John Lowell, Esq., deceased.
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Assumpsit for the premium upon a policy of insurance. The action was pending in Suffolk county, and was originally com aienced against John Lowell, Esq., deceased. Upon the death of Mr. Lowell, the present defendant, having taken administration of the estate of the deceased, was admitted to take upon him the defence of the action. * March term, 1806, the following agreement was en- [ * 332 ] tered into, viz:— “ The parties agree that said Lowell, deceased, acting adminis irator of the estate of Thomas Russell, Esq., deceased, on the 12th of January, 1798, caused a policy of insurance to be…
1Opinion of the Court
The cause stood continued nisi for advisement, and now, at this term, the opinion of the Court was delivered as follows, by
Sewall, J.
The plaintiff demands the amount of certain premiums due on a policy of insurance, of the ship Three Sisters, her cargo and freight, with the charges of the policy; for which he alleges the promise of the defendant’s intestate in his lifetime.
The state of facts, referred to the consideration of the Court, admits that the plaintiff, as an insurance-broker, being employed by the intestate, effected at his request, and for his account and use, the policy mentioned;…
2Cases cited1 opinion
- Brown v. GirardSupreme Court of Pennsylvania · 1804
3Cited by16 opinions
- Jones v. JuddNew York Court of Appeals · 1850
- Beaty v. Southland Life Ins. Co.Court of Appeals of Texas · 1930
- Smith v. Northwestern Fire & Marine InsuranceNew York Court of Appeals · 1927
- White Sewing Machine Co. v. Phenix Nerve Beverage Co.Massachusetts Supreme Judicial Court · 1905
- Plummer v. Insurance Co. of North AmericaSupreme Judicial Court of Maine · 1915
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