Giddings v. Phœnix Insurance
Supreme Court of Missouri
Error to Andrew Circuit Court. — Hon. H. S. Kelley, Judge. Defendant’s agent, Bryan, at the time he delivered, to plaintiff the policy of insurance, and at each subsequent payment of the premium by plaintiff, agreed byparol with plaintiff that his policy should not expire, but that said agent should keep the same renewed from year to year, which agreement was not within the statute of frauds, but binding on defendant, and should have been submitted for the decision of the…
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Error to Andrew Circuit Court. — Hon. H. S. Kelley, Judge. Defendant’s agent, Bryan, at the time he delivered, to plaintiff the policy of insurance, and at each subsequent payment of the premium by plaintiff, agreed byparol with plaintiff that his policy should not expire, but that said agent should keep the same renewed from year to year, which agreement was not within the statute of frauds, but binding on defendant, and should have been submitted for the decision of the jury. Barbie v. Ins. Co., 2 Dill. 156; Waller v. Ins. Co., 56 Me. 471; Trustees v. Ins. Co., 19 N. Y. [5 Smith] 308;…
1Opinion of the Court
Norton, J. —
This is an action to recover three hundred and fifty dollars for the loss of a house by fire alleged to have been insured by defendant. It is substantially alleged in the petition that defendant by its agent, Bryan, issued its policy to plaintiff, dated December 8,1877, insuring said house for the period of one year; that, on the eighth of February, 1879, said policy was continued by renewal for one year, and in 1880 for one year more; “ that it was agreed between plaintiff and Bryan, defendant’s agent, that said policy should not expire ; that said Bryan should keep the same…
2Cited by4 opinions
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- Allen v. Phoenix Assurance Co.Idaho Supreme Court · 1908
- Green v. Hartford Fire Ins. Co.Mississippi Supreme Court · 1930
- City of St. Louis v. SiefererSupreme Court of Missouri · 1892