New Hampshire Fire Insurance v. Blakely
Supreme Court of Arkansas
Appeal from Nevada Circuit Court; Jacob M. Carter, Judge; 1. When the agent informed Blakely that he had no right to issue other than a builder’s risk policy, this charged the church with notice of the limited power of the agent, and the court should have permitted him to answer the question as to what his instructions were.
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Appeal from Nevada Circuit Court; Jacob M. Carter, Judge; 1. When the agent informed Blakely that he had no right to issue other than a builder’s risk policy, this charged the church with notice of the limited power of the agent, and the court should have permitted him to answer the question as to what his instructions were. Where one dealing with an agent is aware of instructions modifying or limiting his authority, the principal is not bound by an act of the agent outside of the authority as so limited. 2 Am. & Eng. Ene. of E. (3 ed.) 970; 54 C. C. A. 293, 299; 26 Me. 84; 55 Ark. 627; 49 W.…
1Opinion of the CourtMcCulloch, C. J.
Appellees sued appellant to recover on an oral contract of fire insurance, alleged to have been entered into between them and appellant’s agent a't Prescott, Ark., whereby a certain building and furniture therein were insured against damage or destruction by fire. The policy was not issued, but Blakely, one of appellees, testified that appellant’s agent agreed to insure the property in the amount named for a stipulated premium, and to issue a policy in accordance with said agreement. The agent was the cashier of a bank where appellee had money on deposit, and it was the custom of the agent to…
2Cases cited5 opinions
- Eames v. Home InsuranceSupreme Court of the United States · 1877
- Meisenheimer v. StateSupreme Court of Arkansas · 1904
- People's Fire Insurance v. GoyneSupreme Court of Arkansas · 1906
- Boland v. StanleySupreme Court of Arkansas · 1909
- Aetna Indemnity Co. v. Little RockSupreme Court of Arkansas · 1909
3Cited by9 opinions
- Ward v. Fort Smith Light & Traction Co.Supreme Court of Arkansas · 1916
- Queen of Arkansas Insurance v. MaloneSupreme Court of Arkansas · 1914
- King v. StateSupreme Court of Arkansas · 1913
- Wallace v. RialesSupreme Court of Arkansas · 1950
- Donahue v. CowdreySupreme Court of Arkansas · 1969
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