Thomas v. Funkhouser
Supreme Court of Georgia
Before Judge Turnbull. City court of Floyd county-March term, 1892. Mrs. Thomas sued Funkhouserfor $1,000, alleging that previously to September 5, 1890, on that day and until and during May 6,1891, he was her agent in Rome, Ga., and as such in charge of a house of which she was then the owner. As such agent it was his duty to rent the house and keep it insured against fire, etc., for which services he was to receive a commission on the rents collected.
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Before Judge Turnbull. City court of Floyd county-March term, 1892. Mrs. Thomas sued Funkhouserfor $1,000, alleging that previously to September 5, 1890, on that day and until and during May 6,1891, he was her agent in Rome, Ga., and as such in charge of a house of which she was then the owner. As such agent it was his duty to rent the house and keep it insured against fire, etc., for which services he was to receive a commission on the rents collected. For a time he performed his duties as agent, and kept the house insured, but after September 5,1890, he negligently failed to keep the house…
1Opinion of the Court
Bleckley, Chief Justice.
Whether tested by the general law irrespective of the particular custom which seems to have prevailed at Borne in the transaction of insurance business, or by that custom itself, there was a prima facie liability on the defendant to answer for the damages in the present case. He was the plaintiff's agent to keep the premises insured. She had reason to rely upon him and to believe that he had done so. Under the code, §2794, there could be no valid contract of insurance without writing. The duty of keeping the property insured would therefore embrace the duty of seeing…
2Cited by15 opinions
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