E. S. Brownfield & Brother v. Phœnix Insurance Co. of London
Missouri Court of Appeals
Appeal from Audrain Circuit Court, How. Elijah Robinson. Judge. Statement of case by tile court. This action is based on a policy of insurance, alleged to have been issued by defendant on the nineteenth day of May, 1885, to insure plaintiffs’ stock of goods against loss by fire for the period of on,e year next thereafter. It appears, from the evidence, that Early & Booth were the local agents of the defendant company, whose principal office was at Chicago.
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Appeal from Audrain Circuit Court, How. Elijah Robinson. Judge. Statement of case by tile court. This action is based on a policy of insurance, alleged to have been issued by defendant on the nineteenth day of May, 1885, to insure plaintiffs’ stock of goods against loss by fire for the period of on,e year next thereafter. It appears, from the evidence, that Early & Booth were the local agents of the defendant company, whose principal office was at Chicago. These agents were located at the town of Centralia in Boone county. The evidence tended to show that said agents were invested with the…
1Opinion of the Court
Philips, P. <7.-
It is quite clear, from the evidence, .that Early & Booth were general agents for effecting insurance contracts, at Centralia and vicinity, with power to deliver policies and receive the premiums. In such cases third parties dealing with them would not be affected by .any special instructions given, or limitations placed upon their agency, by- the principal, unknown to such third parties at the time. This rule is founded on a sound policy, as it prevents fraud, and promotes confidence in such dealings. Perkins v. Wash Insurance Co., 4 Cow. 645; Lightbody v. North American…
2Cases cited5 opinions
- Peoria Marine & Fire Insurance v. WalserIndiana Supreme Court · 1864
- Perkins v. Washington InsuranceCourt for the Trial of Impeachments and Correction of Errors · 1825
- Lingenfelter v. Phœnix InsuranceMissouri Court of Appeals · 1885
- Baldwin v. Chouteau InsuranceSupreme Court of Missouri · 1874
- Whitaker v. Farmers' Union InsuranceNew York Supreme Court · 1859
3Cited by9 opinions
- Distassio v. American United Life InsuranceMissouri Court of Appeals · 1944
- State v. JohnsonSupreme Court of Missouri · 1893
- Hawes v. American Central InsuranceMissouri Court of Appeals · 1928
- Trask v. German InsuranceMissouri Court of Appeals · 1893
- Worth v. German InsuranceMissouri Court of Appeals · 1896
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