Insurance Co. v. Johnson
Supreme Court of Pennsylvania
Error to the Common Pleas of Susquehanna county. This was an action on the case by S. N. Chittenden & Gr. Johnson v. The New York Union Mutual Insurance Company, to recover for an alleged insurance on two wooden buildings in Carbondale, Which were burned on 25th March, 1852. The defendants were incorporated in New York, and had their office in Johnstown.
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Error to the Common Pleas of Susquehanna county. This was an action on the case by S. N. Chittenden & Gr. Johnson v. The New York Union Mutual Insurance Company, to recover for an alleged insurance on two wooden buildings in Carbondale, Which were burned on 25th March, 1852. The defendants were incorporated in New York, and had their office in Johnstown. On 16th Sept. 1851, S. S. Wickham received a certificate of his appointment as agent of the company; it being certified that1 he had been appointed agent and surveyor of the said company, and that he is “ authorized to take applications for…
1Opinion of the Court
The opinion of the Court was delivered by
Lowrie, J.
This is an action on a contract to insure, and the question whether or not there was any insurance depends very much upon the authority of the company’s agent, through whom the business was transacted. He was appointed “ agent and surveyor” of the company, and “authorized to take applications for insurance, and receive the cash percentage to be paid thereon.” Now, it does not seem easy to make it.plainer, that this is not an authority to bind the company by effecting insurances. He was to survey property proposed to be insured, as we infer…
2Cited by12 opinions
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- Zayc v. John Hancock Mutual Life InsuranceSupreme Court of Pennsylvania · 1940
- Munhall v. Travelers InsuranceSupreme Court of Pennsylvania · 1930
- Shawnee Mut. Fire Ins. Co. v. McClureSupreme Court of Oklahoma · 1913
- Live Stock Insurance v. SticklerIndiana Court of Appeals · 1917
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