# Carter v. Empire Mutual Insurance

> Massachusetts Appeals Court · March 23, 1978 · 6 Mass. App. Ct. 114

URL: https://www.frixlaw.com/law-library/cases/9713079

## Case

- **Full name:** Bertha Carter vs. Empire Mutual Insurance Company and Others
- **Court:** Massachusetts Appeals Court
- **Decided:** March 23, 1978
- **Citations:** 6 Mass. App. Ct. 114; 374 N.E.2d 585; 1978 Mass. App. LEXIS 565
- **Precedential status:** Published
- **Opinion:** Concurrence by Brown
- **Judges:** Hale, Keville, Goodman, Armstrong, Brown
- **Cited by:** 15 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9713079

## Opinion text

*131 Brown, J.
(concurring). I fully concur in the majority opinion. In addition to my usual disdain for those litigants with unclean hands seeking equity (compare Tele-transmissions, Inc. v. David, 5 Mass. App. Ct. 864, 865 [1977] [Brown, J., concurring]), I find the defendants’ contentions as unconvincing as their acts are unconscionable.
It may well be that as between Empire and Colony, Main was the agent of Empire; however, it is clear beyond doubt to me (as it was to the trial judge) that as between the plaintiff and Colony, Main must be considered the agent of Colony. See Restatement (Second) of Agency § 14L, Comment a, Illustration 1 (1958). This is a fundamental agency principle based on commercial convenience. See Sell, Agency § 109 (1975). See also Restatement (Second) of Agency § 8A (1958).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9713079. Public record. Not legal advice.