King v. Phoenix Insurance
Missouri Court of Appeals
Appeal from Lincoln Circuit Court— Hon. E. M. Hughes, Judge. (1) The first instruction is erroneous because it allows the jury to find as a fact that Mr. Pace “had authority to make contracts of insurance” [meaning oral contracts such as the instruction submits]. There was no evidence of such authority. On the contrary, the written commission of Mr. Pace (insisted on by plaintiff to prove Mr. Pace’s powers as agent) fails to confer such authority. Embree v. Ins. Co., 62 Mo.
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Appeal from Lincoln Circuit Court— Hon. E. M. Hughes, Judge. (1) The first instruction is erroneous because it allows the jury to find as a fact that Mr. Pace “had authority to make contracts of insurance” [meaning oral contracts such as the instruction submits]. There was no evidence of such authority. On the contrary, the written commission of Mr. Pace (insisted on by plaintiff to prove Mr. Pace’s powers as agent) fails to confer such authority. Embree v. Ins. Co., 62 Mo. App. 132; Trask v. Ins. Co., 53 Mo. App. 625. '(2) Where the agent’s authority is in writing it can not be enlarged by…
1Opinion of the CourtReyburn, J.
Plaintiff was erecting a frame building in Lincoln county to be devoted to purposes of religious worship. The building had been covered, *166during its progress, by successive insurance policies issued by defendant, through its agent at Elsberry, John W. Pace, the first policy for a term of sixty days, the next for a period of one month expiring February 7, 1901; the amount of the risk in both these policies was .the same, the precise recital in the last policy being “$750 on the one-story frame, shingle roof building and its foundations, to be occupied as a church when completed (builder’s…
2Cases cited15 opinions
- Baile v. St. Joseph Fire & Marine InsuranceSupreme Court of Missouri · 1881
- Nichols v. NicholsSupreme Court of Missouri · 1898
- Barker v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1894
- State ex rel. City of St. Louis v. Laclede Gaslight Co.Supreme Court of Missouri · 1890
- McDermott v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1881
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3Cited by4 opinions
- Kino v. Phoenix InsuranceSupreme Court of Missouri · 1906
- Grimes v. Virginia Fire & Marine Ins. Co.Court of Appeals of Texas · 1920
- Estate of Largue v. RamseyMissouri Court of Appeals · 1918
- Lewis v. Wabash RailroadMissouri Court of Appeals · 1909