Briggs v. Collins
Supreme Court of Arkansas
Appeal from Polk Circuit Court; Jefferson T. Cowling, Judge; The agency and the fraudulent acts of the subagent being undisputed, appellant is bound thereby, and can not claim protection as an innocent purchaser for value. 161 S. W. 142; 75 Ark. 95; 76 Ark. 373; 71 Ark. 295; 57 Ark. 11. Trask had no authority to settle his individual debt with the property of the insurance company.
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Appeal from Polk Circuit Court; Jefferson T. Cowling, Judge; The agency and the fraudulent acts of the subagent being undisputed, appellant is bound thereby, and can not claim protection as an innocent purchaser for value. 161 S. W. 142; 75 Ark. 95; 76 Ark. 373; 71 Ark. 295; 57 Ark. 11. Trask had no authority to settle his individual debt with the property of the insurance company. His agreement with appellants was purely in an individual capacity, and was in no sense binding upon appellee nor upon the -insurance company. 54 Ark. 75; 60 Ark. 532; 62 Ark. 348, 88 S. W. 950; 81 Ark. 202; 76…
1Opinion of the CourtMcCulloch, C. J.
Plaintiff, W. B. Collins, instituted separate iactions before a justice of the peace against defendants, A. C. Briggs and F. H. Daniels, to recover the amount of two negotiable promissory notes executed by the respective defendants to one Trask, and by Trask assigned to plaintiff.
On appeal to the circuit court the two cases were consolidated and tried together, and the court gave a peremptory instruction in favor of the plaintiff against each of the defendants for the amount of the note which he had executed.
Plaintiff was the general agent of an insurance company and maintained his offices at…
2Cases cited4 opinions
- Skillern v. BakerSupreme Court of Arkansas · 1907
- Grooms v. Neff Harness Co.Supreme Court of Arkansas · 1906
- Smith v. JamesSupreme Court of Arkansas · 1890
- Arnett v. GlennSupreme Court of Arkansas · 1889
3Cited by11 opinions
- Darragh Co. v. GoodmanSupreme Court of Arkansas · 1916
- Agalianos v. American Central InsuranceCalifornia Court of Appeal · 1923
- Turner v. Supreme Lodge Knights of PythiasSupreme Court of Oklahoma · 1933
- Allen v. Metropolitan Life InsuranceSupreme Court of Minnesota · 1930
- Salmon v. BoyerSupreme Court of Arkansas · 1919
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