Fireman's Fund Insurance v. Norwood
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Kansas. Separate suits were brought by O. F. Norwood and E. R. Norwood, the defendants -in error, against the Fireman’s Fund Insurance Company and the Norwich Union Fire Insurance Society, the plaintiffs in error, to recover alleged losses on policies of fire insurance on a stock of merchandise issued by these companies, respectively, to the defendants in error.
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In Error to the Circuit Court of the United States for the District of Kansas. Separate suits were brought by O. F. Norwood and E. R. Norwood, the defendants -in error, against the Fireman’s Fund Insurance Company and the Norwich Union Fire Insurance Society, the plaintiffs in error, to recover alleged losses on policies of fire insurance on a stock of merchandise issued by these companies, respectively, to the defendants in error. By agreement of the liarties, the suits were consolidated and tried as one cause. The policy issued by the Fireman’s Fund Insurance Company bore date November 5,…
1Opinion of the CourtCaldwell, Circuit Judge
*74Upon the evidence and tbe authorities, it cannot be controverted that Smith was tbe general agent of tbe defendants, and that whatever be said and did in soliciting, issuing, and delivering tbie policies in suit, and collecting tbe premiums, bas the same legal effect as if done by tbe company itself. Tbe material question in tbe case is whether'the instructions asked by tbe defendants, and which we have set out in tbe statement, should have been given. Tbe contention of tbe plaintiff in error is that tbe condition in tbe policy that “if without written consent berepn there is any prior or…
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