Rahr v. Manchester Fire Assurance Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Brown county: S. D. Hastotgs, Je., Circuit Judge. This action is brought to recover $800 upon a policy of fire insurance alleged to have been issued by the defendant company, through its alleged agent, one Sterling, at Iron Mountain, in the state of Michigan.
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Appeal from a judgment of tbe circuit court for Brown county: S. D. Hastotgs, Je., Circuit Judge. This action is brought to recover $800 upon a policy of fire insurance alleged to have been issued by the defendant company, through its alleged agent, one Sterling, at Iron Mountain, in the state of Michigan. The policy was in form issued and delivered by Sterling May 24, 1894. The property insured was situated at the village of Sagola, about twenty miles from Iron Mountain, and it was totally destroyed by fire July 9, 1894. Due proofs of loss were made July 26, 1894. The questions litigated on…
1Opinion of the CourtWiNsnow, J.
The only questions seriously litigated in the • case were: (1) Whether Sterling was in fact the defendant’s agent. (2) If not, whether he had been held out as • such, so that the defendant would be bound by his acts because he was apparently such agent.
The first question was answered by the court in the negative, and the question now is whether the court was justified in so doing. From the foregoing statement of facts we think it very clear that the court was right. Examination of the evidence fails to show that either French or Wither bee ever in fact constituted Sterling the agent of…
2Cited by2 opinions
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