Lindsay v. Pettigrew
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Prank R. Aikens, Judge. Action to recover upon a contract. Judgment for defendant. Plaintiff appeals. The facts are stated in the opinion. Ah agent, who, for a valuable consideration, agrees to effect insurance, or by custom of his employment is required to do so, neglecting to so insure is answerable to his principal for the loss which he may thereby suffer. Sedg. Mess.
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Appeal from circuit court, Minnehaha county. Hon. Prank R. Aikens, Judge. Action to recover upon a contract. Judgment for defendant. Plaintiff appeals. The facts are stated in the opinion. Ah agent, who, for a valuable consideration, agrees to effect insurance, or by custom of his employment is required to do so, neglecting to so insure is answerable to his principal for the loss which he may thereby suffer. Sedg. Mess. Dam. 338; 3 Suth. on Dam. 9; Park v. Hammond 4 Camp. 344; Perkins v. Ins. Co., 4 Cow. 645; Moniev. Summeral, 2 Wash. C. C. 203; Thorne v. Deas, 4 John 84; Webster v.…
1Opinion of the CourtFuller, J.
On the 30th day of September, 1885, and for more than two years thereafter, plaintiff and appellant was the owner of a certain tract of land, on which was situated a frame house worth about $300. On the above mentioned date, one Nellie D. Pettigrew, through her brother, the defendant and respondent, took a mortgage on said premises to secure a loan for $600. As a part of the transaction, and as a further security, respondent, who was an insurance agent or broker, required appellant to deduct $5 from the proceeds of the loan, as payment for a $250 fire insurance policy, which respondent agreed…
2Cases cited4 opinions
- Perkins v. Washington InsuranceCourt for the Trial of Impeachments and Correction of Errors · 1825
- Shoenfeld v. FleisherIllinois Supreme Court · 1874
- Beardsley v. DavisNew York Supreme Court · 1868
- Morris v. SummerlU.S. Circuit Court for the District of Pennsylvania · 1808
3Cited by18 opinions
- Elam v. . Realty Co.Supreme Court of North Carolina · 1921
- Gay v. Lavina State BankMontana Supreme Court · 1921
- Rezac v. ZimaSupreme Court of Kansas · 1915
- Brown v. CooleyNew Mexico Supreme Court · 1952
- Rumpza v. LarsenSouth Dakota Supreme Court · 1996
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