Eastern Law Reporter Volume 12

Eastern Law Reporter Volume 12

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913 edition. Excerpt: ... if desired should be amended so as to avoid any such consequence by declaring it to be without prejudice to any such possible right. DUFF, J.: ---The respondent company was incorporated in 1853 by the Legislature of Massachusetts for the purpose of carrying on marine insurance "on the mutual principle." On the 18th of March, 1909 (the assets of the company appearing to be insutfieient to meet its liabilities), the company and its affairs were placed in the hands of a receiver at the instance of the insurance commissioner of Massachusetts pursuant to certain statutory provisions (ch. 576, Acts of 1907), and its oflicers and agents were restrained by the same order from continuing the business of the company. In the years 1907 and 1908 each of the respondents, Pickles and Smith insured a number of vessels in the company, and the actions outof which these appeals arise were brought by the receiver in the name of the company upon the premium notes given under these contracts of insurance. In the Nova Scotia Courts judgment was given against the appellants. In this Court the defence relied upon rests upon a clause found in both sets of policies in terms which in the view I take of the case may be treated as identical. In the policies issued to the appellant Pickles the clause is as follows: _ The consideration for this insurance is hereby fixed at the rate of 9% per cent-To return per cent. for every thirty days of unexpired time if this policy be cancelled. In the policy issued to the appellant Smith the blank on the second sentence is filled in, 75 per cent. being specified. The contention is that the proceedings already referred to in Massachusetts Courts constitute a cancellation of each of these 'policies within the...show more

Product details

  • Paperback | 226 pages
  • 189 x 246 x 12mm | 413g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236844106
  • 9781236844101