Rounsaville v. . Insurance Co.
Supreme Court of North Carolina
ActioN by W. H. Rounsaville against North Carolina Home Insurance Company and O. W. Carr, beard by Judge Thomas J. Shaw and a jury at the January (Special) Term, 1905, of the Superior Court of GuilfoRd County. This is an action by the plaintiff to recover for the loss of a storehouse by foe, which he alleges the defendant-through its agent O. W. Carr, under the name of O. W. Carr & Co., had agreed to keep insured for him.
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ActioN by W. H. Rounsaville against North Carolina Home Insurance Company and O. W. Carr, beard by Judge Thomas J. Shaw and a jury at the January (Special) Term, 1905, of the Superior Court of GuilfoRd County. This is an action by the plaintiff to recover for the loss of a storehouse by foe, which he alleges the defendant-through its agent O. W. Carr, under the name of O. W. Carr & Co., had agreed to keep insured for him. On September 1, 1900,. defendant, by its said agent, issued a policy on the storehouse for $300, which it is admitted contained the usual terms and conditions of a standard…
1Opinion of the CourtWalker, J.
After stating the case: If it is conceded that O. W. Carr bad tbe authority, as agent of tbe insurance company, to agree to renew the policy, we yet think it is clear that plaintiff made tbe agreement with him in bis personal and not in bis representative capacity and relied solely upon Carr’s individual promise for his protection. This is evident not only from what occurred between them at tbe time of tbe agreement but from tbe conversation they bad after tbe fire, in which tbe plaintiff charged Carr with liability for his loss and Carr admitted it and agreed to answer for it. It further…
2Cases cited10 opinions
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- Silver v. JordanMassachusetts Supreme Judicial Court · 1884
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