Reed v. Pacific Insurance
Massachusetts Supreme Judicial Court
This was an action on a policy of insurance on the brig Lowell, dated November 9th, 1836, effected by “ Elihu Reed for Elias Reed, or whom it concerns,” for two thousand dollars.
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This was an action on a policy of insurance on the brig Lowell, dated November 9th, 1836, effected by “ Elihu Reed for Elias Reed, or whom it concerns,” for two thousand dollars. The writ was sued out and served on the 17th of November, 1837. The declaration contained an averment, “that the said policy was so effected by the plaintiff, as agent for, and by the authority of, the said Elias Reed, and that he had a lien on the same for his advances and liabilities incurred on account of the said Elias.” There was no other averment in the declaration that said Elias was indebted to the plaintiff,…
1Opinion of the CourtShaw, C. J.
Although, by usage, one who procures insurance to be made, in his own name, for another person or whomsoever it may concern, may maintain an action in his own name, Davis v. Boardman, 12 Mass. 80, and Ward v. Wood, 13 Mass. 539, yet it is upon the presumption that his agency is continued, and not disavowed by the party in real interest. But such person is deemed a mere agent and trustee for the party interested, and if, before suit brought, his authority is disavowed or revoked by the party interested, he cannot maintain an action, unless he shows some express provision, such as “payable to…
2Cases cited2 opinions
- Davis v. BoardmanMassachusetts Supreme Judicial Court · 1815
- Ward v. WoodMassachusetts Supreme Judicial Court · 1816