Legal Opinion

Hill v. Baker

Massachusetts Supreme Judicial Court

Decided February 25, 1910PublishedCited by 12 opinions

Six actions on contract, the first five by the receiver appointed by a decree of the Supreme Judicial Court under St. 1907, c. 576, § 8, of the property of the China Mutual Insurance Company, a corporation created by St. 1853, c. 262, which was extended by St. 1875, c. 34, brought upon five several promissory notes given for marine insurance premiums by policy holders of that company, and the sixth action by a policy holder against the receiver for a part of a premium which…

Read the full summary

Six actions on contract, the first five by the receiver appointed by a decree of the Supreme Judicial Court under St. 1907, c. 576, § 8, of the property of the China Mutual Insurance Company, a corporation created by St. 1853, c. 262, which was extended by St. 1875, c. 34, brought upon five several promissory notes given for marine insurance premiums by policy holders of that company, and the sixth action by a policy holder against the receiver for a part of a premium which had been paid by him and was alleged to have been unearned when his policy was - cancelled by the decree of the Supreme…

1Opinion of the CourtSheldon, J.

When a mutual fire insurance company has become insolvent and a receiver has been appointed to settle its affairs under St. 1907, c. 576,. § 8, its outstanding policies cease to afford any protection to their holders, being cancelled as to any future losses, but the premiums which have been paid, for future as well as past protection, and the contingent liability to assessment upon premium notes which have been given by the policy holders remain as a fund for the payment of all the debts and liabilities of the company, including losses that have been incurred. Commonwealth v. Massachusetts…

2Cases cited16 opinions

  1. People v. Globe Mutual Life InsuranceNew York Court of Appeals · 1883
  2. Mygatt v. . New York Protection Insurance CompanyNew York Court of Appeals · 1860
  3. Baylies v. FettyplaceMassachusetts Supreme Judicial Court · 1811
  4. Commonwealth v. Massachusetts Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1873
  5. Furber v. DaneMassachusetts Supreme Judicial Court · 1910

11 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Stone v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1912
  2. People ex rel. Palmer v. Central Mutual InsuranceAppellate Court of Illinois · 1942
  3. Davis v. MazzuchelliMassachusetts Supreme Judicial Court · 1921
  4. Union Mutual Casualty Insurance v. Insurance Budget Plan, Inc.Massachusetts Supreme Judicial Court · 1935
  5. Sanford v. Boston Edison Co.Massachusetts Supreme Judicial Court · 1946

7 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API