Commonwealth Mutual Fire Insurance v. Fairbank Canning Co.
Massachusetts Supreme Judicial Court
Contract, to recover the amount of eight assessments upon the defendants as policy holders in the plaintiff corporation. The case was submitted to the Superior Court, and, after judgment for the plaintiff, to this court, on appeal, upon agreed facts, in substance as follows.
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Contract, to recover the amount of eight assessments upon the defendants as policy holders in the plaintiff corporation. The case was submitted to the Superior Court, and, after judgment for the plaintiff, to this court, on appeal, upon agreed facts, in substance as follows. The plaintiff was a mutual fire insurance company organized under the laws of this Commonwealth, and was authorized by statute to make insurance upon property located in any part of the United States or Canada. The defendants are residents of Illinois. Prior to January 1, 1895, the plaintiff issued eight policies of…
1Opinion of the CourtMorton, J.
So far as appears, Marshall and Company had no authority to act for or to bind the plaintiff. They were insurance brokers, who had been requested by Blake and Company to forward to the plaintiff applications for insurance, and had done so, and policies had been issued on such applications to persons residing in Illinois on property situated there. This did not constitute them agents of the plaintiff any more than the fact that Blake and Company allowed them a part of their commissions and had an open account with them constituted them partners of Blake and Company. If they were the agents of…
2Cases cited3 opinions
- Commonwealth Mutual Fire Insurance v. William Knabe & Co. Manufacturing Co.Massachusetts Supreme Judicial Court · 1898
- Pratt v. BurdonMassachusetts Supreme Judicial Court · 1897
- Commonwealth Mutual Fire Insurance v. WoodMassachusetts Supreme Judicial Court · 1898
3Cited by7 opinions
- American Casualty Co. v. RicasCourt of Appeals of Maryland · 1941
- Stone v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1912
- Michelson v. Franklin Fire Insurance Co. of PhiladelphiaMassachusetts Supreme Judicial Court · 1925
- Green v. Star Fire InsuranceMassachusetts Supreme Judicial Court · 1906
- Sheridan v. Massachusetts Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1919
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