Fiske v. Royal Exchange Assurance Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Ho». James Gibson, Judge. (1) Where a double employment exists and is not known to both principals no recovery can be had against the party kept in ignorance. De Esteiger v. Hollington, 17 Mo. App. 382; 40 Mich. 376; 71 Penn. St. 250; Story on Agency, 31-210; Bradley v. Insurance Co., 30 Mo. App. 372; 57 Kan. 576. (2) An agent can not represent antagonistic interests, and if be seeks to do so the contract can be avoided by either party.
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Appeal from Jackson Circuit Court. — Ho». James Gibson, Judge. (1) Where a double employment exists and is not known to both principals no recovery can be had against the party kept in ignorance. De Esteiger v. Hollington, 17 Mo. App. 382; 40 Mich. 376; 71 Penn. St. 250; Story on Agency, 31-210; Bradley v. Insurance Co., 30 Mo. App. 372; 57 Kan. 576. (2) An agent can not represent antagonistic interests, and if be seeks to do so the contract can be avoided by either party. May on Insurance, vol. 1, p. 125; People’s Ins. Co. v. Paddon, 8 Brad. 447; Yol. 2, Insurao.ce Digest (French), p. 384;…
1Opinion of the CourtBroaddus, J.
On the 26th day of July, 1900, defendant by its policy of that date insured one Harrison R. Gregory against loss by fire to the amount of :$750 upon his dwelling situated in what is known as the Penn Park Valley District in Kansas City, Missouri. The plaintiff sues as mortgagee, to whom a loss by fire under the terms of the policy was to be paid.
Defendant’s answer admits the execution of the policy, but seeks to avoid liability because Harrison Gregory was not the sole and unconditional owner, and that a change took place in the title of the insured to- the property insured, which by its…
2Cases cited5 opinions
- Hyde v. LarkinMissouri Court of Appeals · 1889
- DeSteiger v. HollingtonMissouri Court of Appeals · 1885
- Reese v. GarthCourt of Appeals of Kansas · 1889
- Smith v. FarrellMissouri Court of Appeals · 1896
- Bradley v. German-American InsuranceCourt of Appeals of Kansas · 1901
3Cited by4 opinions
- Liverpool London Globe Ins. Co. v. McCreeSupreme Court of Alabama · 1925
- Arispe Mercantile Co. v. Capital InsuranceSupreme Court of Iowa · 1907
- German Fire Insurance Co. of Freeport v. Gibbs, Wilson & Co.Court of Appeals of Texas · 1906
- Milwaukee Mechanics Insurance v. FuquaySupreme Court of Arkansas · 1915