Biggs v. Insurance Co. (North Carolina Home)
Supreme Court of North Carolina
Civil ACTION tried at Fall Term, 1882, of MartiN Superior Court, before Gilliam, J. This is an action upon a policy of insurance against fire, issued by the defendant to one Bryant Wynn on the 1st day of October, 1880, in the amount of six hundred dollars for one year — one hundred dollars being for his store situate at Wynn villa, in Martin county, and five hundred dollars for his stock of goods kept therein — the premium paid for the whole being twelve dollars.
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Civil ACTION tried at Fall Term, 1882, of MartiN Superior Court, before Gilliam, J. This is an action upon a policy of insurance against fire, issued by the defendant to one Bryant Wynn on the 1st day of October, 1880, in the amount of six hundred dollars for one year — one hundred dollars being for his store situate at Wynn villa, in Martin county, and five hundred dollars for his stock of goods kept therein — the premium paid for the whole being twelve dollars. The store and goods were destroyed by fire on the 1st day of February, 1881. Amongst other stipulations the policy contained a…
1Opinion of the CourtRuffin, J.
Much of the argument before us was needless, since the ease as agreed to expressly negatives the authority- of Ewell to bind the defendant, and thus precludes every inference which might otherwise have arisen from his employment as its agent to solicit patronage. Nor .could the fact that Wynn believed that he possessed such authority, when in fact he did not, affect the question of the defendant’s liability.
AVhen one deals with an agent it behooves him to ascertain correctly the extent of his authority and power to contract. Under any other rule, every principal would be at the mercy of his…
2Cases cited2 opinions
- Quarrier v. Peabody Insurance Co.West Virginia Supreme Court · 1877
- Sossaman v. Pamlico Banking & InsuranceSupreme Court of North Carolina · 1878
3Cited by35 opinions
- Gerringer v. North Carolina Home InsuranceSupreme Court of North Carolina · 1903
- Floars v. Ætna Life InsuranceSupreme Court of North Carolina · 1907
- Wynn v. GrantSupreme Court of North Carolina · 1914
- Bank v. Hay.Supreme Court of North Carolina · 1906
- Cuthbertson v. North Carolina Home InsuranceSupreme Court of North Carolina · 1887
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