Cushenberry v. Grecian

The opinion of the court was delivered by

Marshall, J.:

The plaintiff recovered judgment for $350 against the defendant, an insurance agent, for the loss of a dwelling house by fire after the defendant had been instructed to write a policy of insurance on the house and had received the premium therefor and had agreed to write the insurance but failed and neglected so to do. The defendant appeals.

The defendant was also a loan agent. As such, he had placed a loan on the property of the plaintiff. It was necessary that insurance be placed on the house in the sum of $400. The defendant had deducted…