Riner v. New Hampshire Fire Insurance
Wyoming Supreme Court
On Rehearing. For former opinion, see ante, 81. for the petition for rehearing, in addition to the argument and points made bty the brief on the original hearing, contended the plaintiff in error had it in his power to produce the agent to show the source of the funds which were used to pay the old note, and not having done so, the presumption follows that the testimony of the agent would have been unfavorable to the plaintiff in error, and cited Gulf etc., Ry.
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On Rehearing. For former opinion, see ante, 81. for the petition for rehearing, in addition to the argument and points made bty the brief on the original hearing, contended the plaintiff in error had it in his power to produce the agent to show the source of the funds which were used to pay the old note, and not having done so, the presumption follows that the testimony of the agent would have been unfavorable to the plaintiff in error, and cited Gulf etc., Ry. Oo. v. Ellis, 10 TI. S. App., 640; Graves v. IT. S., 150 U. S., 118; Hall v. Yanderpool, 26 Atl., 1069; Ry. Co. v. Conley, 12 IT. S.…
1Opinion of the Court
Potter, Chief Justice.
This case is fully stated in the former opinion. (60 Pac., 262.) The defendant in error, an insurance company, brought suit against the plaintiff in error, as surety on the body of its agent W. A. Richards, to recover the amount of certain funds of the company alleged to have been received by the agent between December 1, 1892, and the termination of his agency in August, 1893, and not paid over. •
The case was tried to a jury, but a verdict was directed for the plaintiff, and judgment rendered thereon. For error in directing the verdict, and in excluding certain…
2Cases cited1 opinion
- Riner v. New Hampshire Fire InsuranceWyoming Supreme Court · 1900
3Cited by2 opinions
- Mau v. StonerWyoming Supreme Court · 1902
- Lange v. ValenciaWyoming Supreme Court · 1975