Kraber v. Union Insurance
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS OE YORK COUNTY. No. 28 January Term 1889, Sup. Ct.; court below, No. 75 January Term 1882, C. P. On December 8, 1881, the Union Insurance Company of Philadelphia brought an action in case against Henry Kraber to recover damages for an alleged neglect of Kraber, who was an agent of the plaintiff, to cancel a policy of fire insurance issued by him, as he was instructed to do by the company.
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ERROR TO THE COURT OE COMMON PLEAS OE YORK COUNTY. No. 28 January Term 1889, Sup. Ct.; court below, No. 75 January Term 1882, C. P. On December 8, 1881, the Union Insurance Company of Philadelphia brought an action in case against Henry Kraber to recover damages for an alleged neglect of Kraber, who was an agent of the plaintiff, to cancel a policy of fire insurance issued by him, as he was instructed to do by the company. At the trial on November 15, 1886, it was shown that Kraber became the agent of the plaintiff company in 1877. On June 27,1881, as such agent, he issued a policy of…
1Opinion of the Court
Opinion,
Mb. Justice Williams :
The proposition that an agent is bound to follow the instructions of his principal, is too elementary to require discussion. Where an agent is charged with the performance of some particular duty or the conduct of some undertaking, and is left without instructions as to the manner in which his work is to be done, he must exercise his own judgment in the premises, with good faith towards his principal: Porter v. Patterson, 15 Pa. 229; Conway v. Lewis, 120 Pa. 215. But when the principal gives instructions, they are binding on the agent and he must follow them. He…
2Cases cited2 opinions
- Porter v. PattersonSupreme Court of Pennsylvania · 1851
- J. M. Conway & Co. v. LewisSupreme Court of Pennsylvania · 1888
3Cited by10 opinions
- Public Service Mutual Insurance Company v. Lee CohenCourt of Appeals for the Third Circuit · 1980
- Comte Guy Dubern v. Girard Trust BankCourt of Appeals for the Third Circuit · 1972
- Aresto v. MilieSuperior Court of Pennsylvania · 1957
- London Assurance Corp. v. RussellSuperior Court of Pennsylvania · 1896
- Continental Insurance v. Clark & CresslerSupreme Court of Iowa · 1904
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