La France Workshop Lampshade Co. v. Buffalo Insurance

Opinion by

Mr. Justice Linn,

These appeals are from the refusal to take off nonsuits. Each action was on a policy of fire insurance on contents of an industrial plant. The defense was that the policies had been surrendered and cancelled and were not effective when the fire occurred. Decision turns on whether plaintiff’s insurance broker, who obtained the policies for plaintiff and who held them, was authorized to surrender them. The authority was denied by plaintiff and asserted by defendant. The learned court below was of opinion that the uncontradicted evidence disclosed that the agent acted…