Kino v. Phoenix Insurance
Supreme Court of Missouri
Appeal from Lincoln Circuit Court.— Hon. H. W. Johnson, Judge. (1) Plaintiff pnt in evidence a written contract between defendant and Pace, which fixed and defined the powers of the latter as agent. It did not authorize Pace, as agent for defendant, to make a verbal agreement for insurance. Hence, the alleged agreement, sued upon, was without authority and not binding on defendant. It was error not to instruct for a verdict for defendant on the admitted facts. Trask v. Ins.
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Appeal from Lincoln Circuit Court.— Hon. H. W. Johnson, Judge. (1) Plaintiff pnt in evidence a written contract between defendant and Pace, which fixed and defined the powers of the latter as agent. It did not authorize Pace, as agent for defendant, to make a verbal agreement for insurance. Hence, the alleged agreement, sued upon, was without authority and not binding on defendant. It was error not to instruct for a verdict for defendant on the admitted facts. Trask v. Ins. Co., 53 Mo. App. 625; Embree v. Ins. Co., 62 Mo. App. 132. "Where an agent’s authority is in writing (and is not…
1Opinion of the CourtMarshall, J.
— This is an action to recover $750 for the loss of a frame building in Elsberry, Lincoln county, Missouri, that was in process of construction, or reconstruction, for church purposes. The plaintiff recovered a judgment for $748, and after proper steps, the defendant appealed. This is the second judgment in favor of the plaintiff, and the second appeal by the defendant. The former appeal was to the St. Louis Court of Appeals. [King v. Insurance Co., 101 Mo. App. 163.]
The petition, after alleging the character of the defendant, states that on the 7th of February, 1901, John W. Pace was the…
2Cases cited18 opinions
- Trustees of the First Baptist Ch. v. . Brooklyn Fire Ins.New York Court of Appeals · 1859
- Commercial Mutual Marine Insurance v. Union Mutual Insurance Co.Supreme Court of the United States · 1857
- Clemens v. ConradMichigan Supreme Court · 1869
- Baile v. St. Joseph Fire & Marine InsuranceSupreme Court of Missouri · 1881
- New England Fire & Marine Insurance v. RobinsonIndiana Supreme Court · 1865
13 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Rossi v. Firemen's Insurance Co.Supreme Court of Pennsylvania · 1932
- Massachusetts Bonding Ins. Co. v. VanceSupreme Court of Oklahoma · 1918
- Massachusetts Bonding & Ins. v. R. E. Parsons Electric Co.Court of Appeals for the Eighth Circuit · 1932
- Rhodus v. Kansas City Life InsuranceMissouri Court of Appeals · 1911
- State Upon the Information of McKittrick v. Gate City Optical Co.Supreme Court of Missouri · 1936
24 more not listed; retrieve them via the Exa API.