Sprague v. Western Home Insurance
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — Hon. Henry M. Ramey, Judge. (1) Henry is described in the policy as the “duly .authorized and regularly commissioned agent.” The terms of the policy itself acknowledge the liability of the company “for the acts of any person who may procure this insurance,” provided he shall be “the duly commissioned and lawfully authorized agent of the company.”
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Appeal from the Buchanan Circuit Court. — Hon. Henry M. Ramey, Judge. (1) Henry is described in the policy as the “duly .authorized and regularly commissioned agent.” The terms of the policy itself acknowledge the liability of the company “for the acts of any person who may procure this insurance,” provided he shall be “the duly commissioned and lawfully authorized agent of the company.” The court erred in holding that Henry could not waive the condition of the policy (if it is a condition) with reference to the use of the building as a livery stable, by virtue of his general authority as…
1Opinion of the CourtGill, J.
TJb.e defendant insured the plaintiff’s livery barn and contents. The property was destroyed by fire, the defendant denied liability and this suit was brought. At the close of the evidence the court instructed the jury that the plaintiff was not entitled to recover, whereupon plaintiff suffered an involuntary nonsuit, and brings the case here by appeal.
I. The main defense is based on this provision of the policy: “This policy shall be void and of no effect, if, without permission therefor in writing hereon, the building or any portion thereof, whether intended for occupancy by owner or…
2Cases cited5 opinions
- Canal Co. v. ClarkSupreme Court of the United States · 1872
- Cleaver v. Traders' InsuranceMichigan Supreme Court · 1887
- Cook v. Standard Life & Accident InsuranceMichigan Supreme Court · 1890
- Barnard v. National Fire InsuranceMissouri Court of Appeals · 1889
- Barnes v. Continental InsuranceMissouri Court of Appeals · 1888
3Cited by5 opinions
- Des Moines Ins. Co. of Des Moines, Iowa v. MoonSupreme Court of Oklahoma · 1912
- Egan v. Westchester InsuranceOregon Supreme Court · 1895
- Wolf v. Dwelling House InsuranceMissouri Court of Appeals · 1898
- Watson v. BarbeeMissouri Court of Appeals · 1893
- Bruley v. Royal LeagueIllinois Circuit Court · 1908