Legal Opinion

Dixie Fire Insurance Co. v. American Bonding Co.

Supreme Court of North Carolina

Decided May 28, 1913PublishedCited by 20 opinions

Appeal by defendant from Peebles, J., at January Term, 1912, of GutleoRD. Civil action, tried upon these issues: 1. Did the defendant L. S. MacEnaney, while acting, as general agent of the plaintiff, collect and receive as such agent for and on behalf of the plaintiff the sum of $5,007.21 between the first day of February, 1909, and the first ‘day of February, 1910, and fraudulently convert the same to his own use, as alleged in the complaint? Answer: Yes. 2. "Was the…

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Appeal by defendant from Peebles, J., at January Term, 1912, of GutleoRD. Civil action, tried upon these issues: 1. Did the defendant L. S. MacEnaney, while acting, as general agent of the plaintiff, collect and receive as such agent for and on behalf of the plaintiff the sum of $5,007.21 between the first day of February, 1909, and the first ‘day of February, 1910, and fraudulently convert the same to his own use, as alleged in the complaint? Answer: Yes. 2. "Was the defendant L. S. MacEnaney guilty of larceny or embezzlement under the laws of the State of Illinois by reason of the acts and…

1Opinion of the CourtBeowN, J.

The facts, briefly stated, are that on 23 April, 1909, L. S. MacEnaney, a resident of the city of Chicago, entered into an agreement with the Dixie Eire Insurance Company of Greensboro, N. C., whereby he became the general agent for said company in the States of Illinois and Indiana for the purpose of writing and effecting fire insurance and collecting premiums and’ remitting same to the Dixie Eire Insurance Company at its home office in the city of Greensboro. In said written contract of agency it was provided that the agent MacEnaney furnish to the Dixie. Eire Insurance Company a bond in…

2Cases cited13 opinions

  1. Milliken v. PrattMassachusetts Supreme Judicial Court · 1878
  2. Bacon v. RivesSupreme Court of the United States · 1882
  3. Gerringer v. North Carolina Home InsuranceSupreme Court of North Carolina · 1903
  4. Steele v. German InsuranceMichigan Supreme Court · 1892
  5. State v. McDonald.Supreme Court of North Carolina · 1903

8 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Roomy v. Allstate Insurance CompanySupreme Court of North Carolina · 1962
  2. Southern Surety Co. v. MacMillan Co.Court of Appeals for the Tenth Circuit · 1932
  3. Myers v. Ocean Accident & Guarantee CorporationCourt of Appeals for the Fourth Circuit · 1938
  4. Interstate Electric Co. v. Fidelity & Deposit Co.Supreme Court of Alabama · 1934
  5. Alfalfa Electric Coop., Inc. v. Travelers Indemnity Co.District Court, W.D. Oklahoma · 1973

15 more not listed; retrieve them via the Exa API.

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