Independent Insurance v. Thomas
Massachusetts Supreme Judicial Court
Contract by a corporation under the law of this Commonwealth against an inhabitant of St. John in New Brunswick. The declaration was as follows : “ And the plaintiffs say the defendant was intrusted by them to deliver policies of insurance to parties insured, and make collections of premiums on the same, and remit the same to the plaintiffs; that the defendant collected for the plaintiffs, and as money due to the plaintiffs, the sum of seven hundred and thirteen and dollars…
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Contract by a corporation under the law of this Commonwealth against an inhabitant of St. John in New Brunswick. The declaration was as follows : “ And the plaintiffs say the defendant was intrusted by them to deliver policies of insurance to parties insured, and make collections of premiums on the same, and remit the same to the plaintiffs; that the defendant collected for the plaintiffs, and as money due to the plaintiffs, the sum of seven hundred and thirteen and dollars in gold, which said sum the defendant has neglected and refused to pay to the plaintiffs although often requested to pay…
1Opinion of the CourtChapman, C. J.
The supreme court cf the United States has decided that, under the statutes of the United States, when it *193appears to be the clear intent of a contract that payment or satisfaction shall be made in gold or silver, damages should be assessed and judgment rendered accordingly, and that the state courts of common law, as well as the courts of the United States, are bound to render such specific judgments. Bronson v. Rodes, 7 Wallace, 229. Butler v. Horwitz, Ib. 258. As that court has final jurisdiction in the matter, it is the duty of the courts of this Commonwealth to conform to its decision. In…
2Cited by5 opinions
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