Legal Opinion

Hutson v. Prudential Insurance

Supreme Court of Georgia

Decided May 12, 1905PublishedCited by 35 opinions

Action on insurance policy. Before Judge Hodges. City court of Macon. September 20, 1904. .Mrs. Effa Wickliffe, in her petition against the-Prudential Insurance Company of America, alleged, that on May 1, 1902, the defendant company, in consideration of a quarterly annual payment to it by Moses M. Hutson, her husband, of the sum of $26.79, issued to Mm its policy of insurance upon his life, she being therein named as the beneficiary ;■ that her husband died November 6, 1902,…

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Action on insurance policy. Before Judge Hodges. City court of Macon. September 20, 1904. .Mrs. Effa Wickliffe, in her petition against the-Prudential Insurance Company of America, alleged, that on May 1, 1902, the defendant company, in consideration of a quarterly annual payment to it by Moses M. Hutson, her husband, of the sum of $26.79, issued to Mm its policy of insurance upon his life, she being therein named as the beneficiary ;■ that her husband died November 6, 1902, having during his life complied with all of the conditions of the contract of insurance, a copy of which was attached…

1Opinion of the CourtEvans, J.

(After stating the facts.) There was evidence tending to establish that Adams was the general agent of the company. Assuming that the evidence was sufficient to establish that he was, did he have authority to waive any of the forfeitures stipulated iu the policy ? It is elemental that a general agent may bind his principal with respect to all matters within the apparent scope of his authority. Underlying the doctrine of the liability of a principal for the acts of his agent, whether general or special, is this' fundamental principle: the agent can only bind his principal within the scope of…

2Cases cited3 opinions

  1. Thornton v. Travelers InsuranceSupreme Court of Georgia · 1902
  2. Reese v. Fidelity Mutual Life Ass'nSupreme Court of Georgia · 1900
  3. Lippman v. Ætna InsuranceSupreme Court of Georgia · 1899

3Cited by35 opinions

  1. Cherokee Credit Life Insurance v. BakerCourt of Appeals of Georgia · 1969
  2. Reliance Life Insurance v. HightowerSupreme Court of Georgia · 1919
  3. Maddox v. Life & Casualty InsuranceCourt of Appeals of Georgia · 1949
  4. Life Insurance Co. of Virginia v. WilliamsCourt of Appeals of Georgia · 1933
  5. Vardeman v. Penn Mutual Life InsuranceSupreme Court of Georgia · 1906

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