Legal Opinion

Maryland Casualty Co. v. Peoples

Superior Court of Pennsylvania

Decided July 28, 1904No. Appeal, No. 198Published

Appeal, No. 198, Oct. T., 1903, by plaintiff, from judgment of C. P. No. 4, Phila. Co., June T., 1902, No. 4200, for defendant non obstante veredicto in case of The Maryland Casualty Company v. David Peoples. Assumpsit to recover premiums alleged to be due on an accident insurance policy. Before Willson, P. J. At the trial the court gave binding instructions for plaintiff subject to question of law reserved.

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Appeal, No. 198, Oct. T., 1903, by plaintiff, from judgment of C. P. No. 4, Phila. Co., June T., 1902, No. 4200, for defendant non obstante veredicto in case of The Maryland Casualty Company v. David Peoples. Assumpsit to recover premiums alleged to be due on an accident insurance policy. Before Willson, P. J. At the trial the court gave binding instructions for plaintiff subject to question of law reserved. Subsequently the court entered judgment for defendant non obstante veredicto, Will-son, P. J., filing an opinion in which he stated the facts to be as follows: The plaintiff company…

1Opinion of the Court

Opinion by

Henderson, J.,

It is not claimed by the appellant that the defendant had given any general authority to Todd with reference to the insurance branch of his business, or that he was employed as his broker to attend to that business, or that he had conferred upon him any apparent authority by reason of the course of dealing between them. Todd’s only authority grew out of the acceptance of his written proposition for insurance of February 9, 1901, by the defendant, and he was expressly and especially authorized to deliver a policy according to the terms of that proposition. His authority…

2Cases cited9 opinions

  1. American Central Ins. v. McLanathanSupreme Court of Kansas · 1873
  2. Whilden & Sons v. Merchants' & Planters' National BankSupreme Court of Alabama · 1879
  3. Lebanon Mutual Insurance v. ErbSupreme Court of Pennsylvania · 1886
  4. Stollenwerck v. ThacherMassachusetts Supreme Judicial Court · 1874
  5. Bush v. . ColeNew York Court of Appeals · 1863

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