McClure v. Mississippi Valley Insurance Co.
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. An agent whose duty requires the exercise of skill or discretion cannot delegate his authority. — Brown v. Railway Passenger Assur. Go., 45 Mo. 221; Grady v. American Central Ins. Go., 60 Mo. 116 ; Commercial Banlc v. Horton, 1 Hill, 501; Williams y. Woods, 16 Md. 220; Horton v. Ball, 43 Mo. 113. The signature “W., agent, per K.,” was sufficient to put the insured upon enquiry. — Bodine v. Exchange Fire Ins.
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Appeal from St. Louis Circuit Court. An agent whose duty requires the exercise of skill or discretion cannot delegate his authority. — Brown v. Railway Passenger Assur. Go., 45 Mo. 221; Grady v. American Central Ins. Go., 60 Mo. 116 ; Commercial Banlc v. Horton, 1 Hill, 501; Williams y. Woods, 16 Md. 220; Horton v. Ball, 43 Mo. 113. The signature “W., agent, per K.,” was sufficient to put the insured upon enquiry. — Bodine v. Exchange Fire Ins. Go., 51 N. Y. 117. W. had power to authorize K. to countersign policies of insurance for him, and thus bind the company. Grady v. American Gentral…
1Opinion of the CourtHayden, J.
This is an action on a policy of insurance against fire. The petition alleges that the defendant, in March, 1874, issued a policy to the plaintiff, by which it insured him in the sum of $1,500 on his stock of merchandise, then in a frame warehouse in Baxter County, Arkansas. The issue at the trial was whether the policy was made and delivered by the defendant. There was evidence tending to show that one Wickersham was the agent of the defendant at Jackson-port, Arkansas, with power to make insurance by policies to be countersigned by him, and that a statement had been filed by the defendant…
2Cases cited5 opinions
- Bodine v. . Exchange Fire Ins. Co.New York Court of Appeals · 1872
- Lightbody v. North American InsuranceNew York Supreme Court · 1840
- Powell v. . TuttleNew York Court of Appeals · 1850
- Williams v. WoodsCourt of Appeals of Maryland · 1860
- Grady v. American Central InsuranceSupreme Court of Missouri · 1875
3Cited by4 opinions
- Continental Insurance v. RuckmanIllinois Supreme Court · 1889
- Albers v. Phoenix InsuranceMissouri Court of Appeals · 1897
- Morrow v. LoefflerSupreme Court of Missouri · 1956
- Smith v. North British & Mercantile InsuranceMissouri Court of Appeals · 1924