Insurance Company v. McCain
Supreme Court of the United States
Error to the Circuit Court of the United States for the Southern District of Alabama. This was an action on a policy of insurance issued by the Southern Life Insurance Company, a corporation created by the laws of Tennessee, upon thé life of Adam S. McCain, commencing on the tenth day of December, 1868. The insurance was for the sum of $5,000, and was effected by the wife of the insured, for the sole use of herself and children.
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Error to the Circuit Court of the United States for the Southern District of Alabama. This was an action on a policy of insurance issued by the Southern Life Insurance Company, a corporation created by the laws of Tennessee, upon thé life of Adam S. McCain, commencing on the tenth day of December, 1868. The insurance was for the sum of $5,000, and was effected by the wife of the insured, for the sole use of herself and children. The policy was receivé'd from an agent of the company, one B. F. Smith, who was appointed to solicit applications for policies and collect premiums for a district of…
1Opinion of the CourtJustice Field
The law embraced by the instructions to the jury is clearly and correctly stated. No company can be allowed to hold out another as its agent, and then disavow responsibility for his acts. After it has appointed an agent in a particular business, parties dealing with him in that business have a right to rely upon. the continuance of his authority, until in some way informed of its relocation.. The authorities to this effect are numerous, and will be found cited in the treatises of Paley and' Story on Agency.
The law is equally plain, that special instructions limiting the authority of a general…
2Cited by50 opinions
- Commercial Union Assurance Co. v. State ex rel. SmithIndiana Supreme Court · 1888
- Lyons Milling Co. v. Goffe & Carkener, Inc.Court of Appeals for the Tenth Circuit · 1931
- Johnson v. ChristianSupreme Court of the United States · 1888
- Gwaltney v. Provident Savings Life Assurance SocietySupreme Court of North Carolina · 1903
- McNeil v. Boston Chamber of CommerceMassachusetts Supreme Judicial Court · 1891
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