Burdick v. Security Life Ass'n
Missouri Court of Appeals
Appeal from the Livingston Circuit Court. — Hon. E. J. Broaddus, Judge. (1) The general manager, Grrady, was bound by the express terms of his written contract. An agent bound by a contract can not act without the scope of said contract. (2) Plaintiff in this case, and deceased, Eranklin L. Burdick, are bound by the express terms written in the contract, or policy of insurance.
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Appeal from the Livingston Circuit Court. — Hon. E. J. Broaddus, Judge. (1) The general manager, Grrady, was bound by the express terms of his written contract. An agent bound by a contract can not act without the scope of said contract. (2) Plaintiff in this case, and deceased, Eranklin L. Burdick, are bound by the express terms written in the contract, or policy of insurance. Under article 4, “No agent of the association is authorized to change, alter, or waive any of the conditions of this contract or to waive any forfeiture thereof, and any such act to be valid, must be done in writing…
1Opinion of the CourtSmith, P. J.
This is an action which was brought by the plaintiff against the defendant — an insurance association incorporated under the laws of the state of Iowa and duly licensed to do business in this state — on a joint certificate of membership issued by the defendant to the plaintiff and her husband, Franklin L. Bur-dick, since deceased, whereby the defendant agreed in the event of the death of either of them during their membership to pay $1,000 to the survivor, etc.
The defenses pleaded by the defendant’s answer to the action were, that the plaintiff and the deceased by joint and separate…
2Cases cited9 opinions
- Insurance Co. v. WolffSupreme Court of the United States · 1877
- Lamberton v. Connecticut Fire InsuranceSupreme Court of Minnesota · 1888
- Renier v. Dwelling House InsuranceWisconsin Supreme Court · 1889
- German Insurance v. GraySupreme Court of Kansas · 1890
- Hamilton v. Home InsuranceSupreme Court of Missouri · 1887
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Millis v. Scottish Union & National InsuranceMissouri Court of Appeals · 1902
- Standard Leather Co. v. Mercantile Town Mutual InsuranceMissouri Court of Appeals · 1908
- Burdick v. Security Life Ass'nMissouri Court of Appeals · 1900
- Davis v. Wabash RailroadMissouri Court of Appeals · 1906
- Burdick v. Security Life Ass'nMissouri Court of Appeals · 1902
4 more not listed; retrieve them via the Exa API.