South Bend Toy Manuf'g Co. v. Dakota Fire & Marine Ins.
South Dakota Supreme Court
Appeal from district court, Davison county. Hon. D. Haney, Judge. Opinion upon rehearing. The judgment of the court in 2 S. D. 17 is reaffirmed. The manner in which a party treats one who apparently acts as his agent and holds him up before third parties is a sufficient implication of an agency.
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Appeal from district court, Davison county. Hon. D. Haney, Judge. Opinion upon rehearing. The judgment of the court in 2 S. D. 17 is reaffirmed. The manner in which a party treats one who apparently acts as his agent and holds him up before third parties is a sufficient implication of an agency. Lowell v. Williams, 125 Mass. 439; Houghton v. Maner, 55 Mich. 323; New England v. Addison, 15 Neb. 335; Wilcox v. Railroad, 24 Minn. 269; Griggs v. Seldon, 58 Vt. 561; Walsh v. Insurance Co., 73 N. Y. 5. The question of agency is always one of fact and therefore a question for the jury. Robert v.…
1Opinion of the CourtCorson, J.
This case was argued and submitted at the April term, 1891, of this court, and the judgment of the court below was affirmed. The opinion of the court is reported in 2 S. D. 17. A petition for a rehearing was filed, and, by reason of the important questions involved, was granted. The case was reargued at the October term, when the counsel for appellant not only argued the case orally, but submitted an ..elaborate and exhaustive brief and printed argument. The first point made by the learned counsel is that the court erred in its decision in holding that Ben Phelon, who issued the policy in…
Also in this document: Concurrence.
2Cases cited7 opinions
- Trustees of the First Baptist Ch. v. . Brooklyn Fire Ins.New York Court of Appeals · 1859
- Pitney v. . Glen's Falls Insurance Co.New York Court of Appeals · 1875
- Lightbody v. North American InsuranceNew York Supreme Court · 1840
- Young & Co. v. Hartford Fire Ins.Supreme Court of Iowa · 1877
- Lyon v. Insurance Co.Supreme Court Of The Territory Of Dakota · 1888
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Getchell & Martin Lumber & Manufacturing Co. v. Peterson & SampsonSupreme Court of Iowa · 1904
- Vesey v. Commercial Union Assur. Co.South Dakota Supreme Court · 1904
- McCabe Bros. v. Aetna InsuranceNorth Dakota Supreme Court · 1899
- Reid v. KelloggSouth Dakota Supreme Court · 1896
- Fosmark v. Equitable Fire Ass'nSouth Dakota Supreme Court · 1909
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