Mullin v. Vt. Mutual Fire Ins.
Supreme Court of Vermont
Assumpsit on an insurance policy. Plea, the general issue. Trial by jury, September Term, 1884, Veazey, J., presiding. Verdict for the plaintiff. The clause in the policy relating to adjustment of losses contained the following: “ If there be any misrepresentation, fraud, or false swearing, the' claimant shall forfeit all claim by virtue of his policy.”
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Assumpsit on an insurance policy. Plea, the general issue. Trial by jury, September Term, 1884, Veazey, J., presiding. Verdict for the plaintiff. The clause in the policy relating to adjustment of losses contained the following: “ If there be any misrepresentation, fraud, or false swearing, the' claimant shall forfeit all claim by virtue of his policy.” The application contained the following: “ The said applicant hereby covenants and agrees to and with said company that the foregoing is a just, full, and true exposition of all the facts and circumstances in regard to the condition,…
1Opinion of the Court
The opinion of the court was delivered by
Powers, J.
The first question presented by the exceptions is whether J. D. Butler in the matter of taking the application for the insurance in question, was so far .acting for the defendant company as to make his knowledge of errors in such application knowledge in the company, and thus estop the company from claiming a forfeiture therefor.
It appears that Manley was a duly authorized agent of the company at West Rutland; — that Butler was in his office, and engaged to some extent in drumming for insurance, and that he and Manley divided the fees payable…
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- Evans v. Crawford County Farmers' Mutual Fire InsuranceWisconsin Supreme Court · 1906
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