Trask v. German Insurance
Missouri Court of Appeals
Appeal from the Craioforcl County Circuit Court. — Hon. C. O. Bland, Judge. Dean’s statement of his authority and his commission from the German Insurance Company showed what his authority was beyond a doubt, as ihe testimony as to his authority is uncontradicted; and, in order to bind the company, the act of Dean must be within the line of his agency.
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Appeal from the Craioforcl County Circuit Court. — Hon. C. O. Bland, Judge. Dean’s statement of his authority and his commission from the German Insurance Company showed what his authority was beyond a doubt, as ihe testimony as to his authority is uncontradicted; and, in order to bind the company, the act of Dean must be within the line of his agency. And as the plaintiff knew that the agent was to send the application to the company for its acceptance and approval, the contract was incomplete and plaintiff can not recover. Trask v. Ins. Co., 53 Mo. App. 625; Wallingford v. Ins. Co., 3d Mo.…
1Opinion of the CourtBond, J.
This is the. second appeal in this case. Upon the first appeal the case was reversed and remanded for error in the instructions of the court. Trask v. German Ins. Co., 53 Mo. App. 625.
After the case was remanded the plaintiff filed in the circuit court of Crawford county an amended petition, which, omitting the caption and signatures, was as follows:
“Plaintiff for amended cause of action states that heretofore, to wit, on the second day of April, 1892, the defendant was a' foreign insurance company duly organized under ■ and by virtue of the laws of Illinois, and doing business in the state…
2Cases cited2 opinions
- Trask v. German InsuranceMissouri Court of Appeals · 1893
- Duff v. Fire Ass'nMissouri Court of Appeals · 1894
3Cited by3 opinions
- Sheets v. Iowa State InsuranceMissouri Court of Appeals · 1911
- Posey County Fire Ass'n v. HoganIndiana Court of Appeals · 1906
- Wolfskill v. American Union Life InsuranceMissouri Court of Appeals · 1943