Fireman's Fund Ins. v. McGreevy
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Nebraska. " Bernard MeGreevy, the defendant in error (plaintiff below), was, in June and July, 1897, and before and after that time, the local agent, at the city of O’Neill, Holt county, Neb., of the Fireman’s Fund Insurance Company, of San Francisco, Cal., the plaintiff in error (defendant below). On July 2, 1897, upon one of the executed blanks furnished him by said defendant, he made out, and as such…
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In Error to the Circuit Court of the United States for the District of Nebraska. " Bernard MeGreevy, the defendant in error (plaintiff below), was, in June and July, 1897, and before and after that time, the local agent, at the city of O’Neill, Holt county, Neb., of the Fireman’s Fund Insurance Company, of San Francisco, Cal., the plaintiff in error (defendant below). On July 2, 1897, upon one of the executed blanks furnished him by said defendant, he made out, and as such agent countersigned, a policy of insurance, by the terms of which the defendant company, in consideration of the sum of…
1Opinion of the CourtLochren, District Judge
In issuing the policy 'of insurance to himself, the plaintiff not only acted on his own behalf, but also acted and assumed to act as the agent of the defendant insurance company. He did not send to the defendant an application for insurance to be acted on through some other agent who might investigate the risk, but made out the policy himself as defendant's agent, and sent it for approval to defendant’s manager, accompanied by his daily report of that risk; on which report he expected the manager to act, as he did act, in approving the risk. And plaintiff countersigned the policy as…
2Cases cited7 opinions
- State Ex Rel. Markley v. BaldwinSupreme Court of the United States · 1884
- Druse v. WheelerMichigan Supreme Court · 1872
- St. Louis, I. M. & S. Ry. Co. v. NeedhamCourt of Appeals for the Eighth Circuit · 1894
- What Cheer Coal Co. v. JohnsonCourt of Appeals for the Eighth Circuit · 1893
- New York Life Ins. v. BakerCourt of Appeals for the Eighth Circuit · 1897
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Union Indemnity Co. v. DoddCourt of Appeals for the Fourth Circuit · 1927
- Page v. Utah Home Fire Insurance CompanyUtah Supreme Court · 1964
- Westchester Fire Ins. Co. v. FitzpatrickCourt of Appeals for the Third Circuit · 1924
- Commercial Union Assur. Co. v. WinsteadCourt of Appeals of Texas · 1919
- Kisow v. National Liberty Insurance Co. of AmericaWisconsin Supreme Court · 1936