Gay v. Lavina State Bank
Montana Supreme Court
Appeals from District Court, Musselshell County; Geo. P. Jones, Judge. Action by Charles L. Gay against Lavina State Bank. Judgment for plaintiff and defendant appeals from the judgment and from the order overruling its motion for a new trial. It is settled that the clerk or subagent of a local insurance agent, while conducting insurance business, is the agent of the insurance company, and his acts are just as binding on the company as though he were duly commissioned.
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Appeals from District Court, Musselshell County; Geo. P. Jones, Judge. Action by Charles L. Gay against Lavina State Bank. Judgment for plaintiff and defendant appeals from the judgment and from the order overruling its motion for a new trial. It is settled that the clerk or subagent of a local insurance agent, while conducting insurance business, is the agent of the insurance company, and his acts are just as binding on the company as though he were duly commissioned. (22 Cyc. 1427-1432; 14 R. C. L. 875; Continental Ins. Co. v. Buckman, 127 111. 364, 11 Am. St. Rep. 121, 20 N. E. 77; Steele…
1Opinion of the CourtJustice Galen
In this case it appears that the defendant at all of the times mentioned was a banking corporation organized under the laws of the state of Montana, conducting a banking business at Lavina, Montana. In connection with its business, it was engaged in the writing of hail insurance for the Hartford Fire Insurance Company of Hartford, Connecticut, and other companies, for the accommodation of customers. A. C. Bayers, who was vice-president of the defendant bank, was the local insurance agent of the Hartford Insurance Company at Lavina, but the insurance business was conducted by the bank, and the…
2Cases cited22 opinions
- Moss v. GoodhartMontana Supreme Court · 1913
- Cohen v. ClarkMontana Supreme Court · 1911
- Milliken v. WoodwardSupreme Court of New Jersey · 1900
- Rezac v. ZimaSupreme Court of Kansas · 1915
- Roberts v. SinnottMontana Supreme Court · 1918
17 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- American Casualty Co. v. RicasCourt of Appeals of Maryland · 1941
- Fillinger v. Northwestern Agency, Inc.Montana Supreme Court · 1997
- Bailey v. State Farm Mutual Automobile InsuranceMontana Supreme Court · 2013
- Kap-Pel Fabrics, Inc. v. R. B. Jones & Sons, Inc.Missouri Court of Appeals · 1966
- Monroe v. COGSWELL AGENCYMontana Supreme Court · 2010
22 more not listed; retrieve them via the Exa API.