Legal Opinion
Merritt Victor Gilmore and Rose L. Gilmore v. Constitution Life Insurance Company
Court of Appeals for the Tenth Circuit
Decided October 2, 1974No. 73-1963PublishedCited by 22 opinions
1Opinion of the Court
McWILLIAMS, Circuit Judge.
This is an agency case wherein the trial court held the principal liable for the fraud of its agent on the grounds that the principal had clothed its agent with such authority that the agent was apparently acting within the scope of his authority when he committed the fraudulent acts upon which the present action is based. The trial court accordingly entered judgment against the principal and the latter now appeals. We affirm.
The agent’s fraud is undisputed and the only issue is the principal’s liability therefor. In our view the trial court's ultimate findings are…
2Cases cited9 opinions
- O'Herron v. State Farm Mutual Automobile InsuranceSupreme Court of Colorado · 1964
- J. T. Majors & Son, Inc. v. Lippert Bros., Inc., Lippert Bros., Inc., Cross-Appellant v. J. T. Majors & Son, Inc., Cross-AppelleeCourt of Appeals for the Tenth Circuit · 1958
- System Investment Corp. v. Montview Acceptance Corp.Court of Appeals for the Tenth Circuit · 1966
- School District No. Six v. Alfred Watts Grant & AssociatesSupreme Court of Colorado · 1965
- Schuette v. WinternitzColorado Court of Appeals · 1972
4 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- American Society of Mechanical Engineers, Inc. v. Hydrolevel Corp.Supreme Court of the United States · 1982
- American Telephone And Telegraph Company v. Winback And Conserve Program, Inc.Court of Appeals for the Third Circuit · 1994
- Karavos Compania Naviera S. A. v. Atlantica Export Corp.Court of Appeals for the Second Circuit · 1978
- Johnnie F. TURPEN, Plaintiff-Appellant, v. MISSOURI-KANSAS-TEXAS RAILROAD COMPANY, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1984
- Grease Monkey International, Inc. v. MontoyaSupreme Court of Colorado · 1995
17 more not listed; retrieve them via the Exa API.