Weidenaar v. New York Life Insurance
Montana Supreme Court
Appeal from District Court, Gallatin County; Thos. C. Bach, Judge. Action by John Weidenaar against the New York Life Insurance Company to recover money paid on an insurance premium note. From a judgment for plaintiff, and an order denying a motion for a new trial, defendant appeals. Reversed. Mr. Justice Holloway dissents.
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Appeal from District Court, Gallatin County; Thos. C. Bach, Judge. Action by John Weidenaar against the New York Life Insurance Company to recover money paid on an insurance premium note. From a judgment for plaintiff, and an order denying a motion for a new trial, defendant appeals. Reversed. Mr. Justice Holloway dissents. The persons dealing with Weidenaar were not actual or ostensible agents of the New York Life Insurance Company, nor were their acts ever ratified by the company. The essential element of ratification is the adoption of the agent’s act by the principal with full knowledge…
1Opinion of the CourtJustice Smith
The complaint in this action contains the following allegations : That on December 21, 1904, one W. J. McBride was a duly authorized and acting general agent and agency director of the defendant company in the state of Montana, with office at Butte, and as such had the authority to appoint agents of the defendant to solicit applications for insurance in the state; that on said date the defendant, through and by its said general agent, W. J. McBride, and one J. Sam Castleberry, who at the time was an agent duly authorized by McBride to take such application, solicited and took plaintiff’s…
2Cases cited1 opinion
- Schnepel v. MellenMontana Supreme Court · 1878
3Cited by8 opinions
- Koerner v. Northern Pacific Ry. Co.Montana Supreme Court · 1919
- Jones v. ShannonMontana Supreme Court · 1918
- National Cash Register Co. v. Wichita Frozen Food Lockers, Inc.Court of Appeals of Texas · 1943
- Arnold v. GenzbergerMontana Supreme Court · 1934
- Reid v. Bankers Life Co.Nebraska Supreme Court · 1947
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