Haines v. Republic Fire Ins.
Supreme Court of New Hampshire
Assumpsit, on a policy of insurance. The evidence tended to show that the application was taken by one Page, who was employed by Webster, Morrill & Co., the defendants’ agents, to solicit insurance for them, and give them information as to proposed risks, and that he received a commission on the premiums on policies issued on risks obtained by him. ' The defence was, that there was a fraudulent over-valuation of the property.
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Assumpsit, on a policy of insurance. The evidence tended to show that the application was taken by one Page, who was employed by Webster, Morrill & Co., the defendants’ agents, to solicit insurance for them, and give them information as to proposed risks, and that he received a commission on the premiums on policies issued on risks obtained by him. ' The defence was, that there was a fraudulent over-valuation of the property. The plaintiff claimed that Page was the- defendants’ agent, and that they were bound by his knowledge of the condition of the property. On this branch of the case, the…
1Opinion of the CourtStanley, J.
The only error in the instructions was as to the qualifications of agents; but this is not now open to the plaintiff. The exception was general. The point now taken was not known to or relied on by the counsel at the time the exception was taken. Exceptions must stand on the ground on which the party taking them intended they should stand when they were taken. But if, when taken, it was intended to rely on this point, it could not now avail the plaintiff, for the attention of the court was not called to the point now relied on. When an exception is taken to instructions which are erroneous,…
2Cases cited1 opinion
- Ford v. MonroeNew York Supreme Court · 1838
3Cited by8 opinions
- Martineau v. PerrinSupreme Court of New Hampshire · 1979
- State v. NiquetteSupreme Court of New Hampshire · 1982
- State v. IsabelleSupreme Court of New Hampshire · 1921
- Feuerstein v. GradySupreme Court of New Hampshire · 1933
- Clark v. MiddletonSupreme Court of New Hampshire · 1907
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