Legal Opinion
Baker and Company, Florida v. Preferred Risk Mutual Insurance Company
Court of Appeals for the Fifth Circuit
Decided March 24, 1978No. 76-1726PublishedCited by 23 opinions
1Opinion of the Court
CHARLES CLARK, Circuit Judge.
The ultimate question here is an old one: Which of two innocent parties must suffer a loss caused by the dishonesty of a third? Baker and Company sued Preferred Risk Mutual Insurance Company because of the unauthorized, fraudulent actions of Preferred Risk’s agent, William Carpenter. Baker lost $68,602.23 in its dealings with Carpenter. A properly instructed jury returned a verdict for $41,814.53, the amount of Baker’s loss it could have found to have been caused by the acts of Carpenter which were within his implied actual authority. We affirm.
After a period of…
2Cases cited5 opinions
- The Boeing Company v. Daniel C. ShipmanCourt of Appeals for the Fifth Circuit · 1969
- Fed. Sec. L. Rep. P 96,189 First Virginia Bankshares v. Alan BensonCourt of Appeals for the First Circuit · 1977
- Allenberg Cotton Co. v. PittmanSupreme Court of the United States · 1974
- Billups Petroleum Co. v. Hardin's Bakeries Corp.Mississippi Supreme Court · 1953
- Nash Mississippi Valley Motor Co. v. ChildressMississippi Supreme Court · 1930
3Cited by23 opinions
- Finch v. Hughes Aircraft Co.Court of Special Appeals of Maryland · 1984
- Don Lee Bass and Jerome Clarence Fernandez, Cross v. International Brotherhood of Boilermakers, Etc., Local No. 582, CrossCourt of Appeals for the Fifth Circuit · 1980
- Louis W. Wegerer and Judith A. Wegerer v. First Commodity Corporation of BostonCourt of Appeals for the First Circuit · 1984
- Borg-Warner Credit Corp v. RBS Industries, Inc. (In Re RBS Industries, Inc.)United States Bankruptcy Court, D. Connecticut · 1986
- Nicola v. Northfield Insurance Co. (In Re Redfeather Fast Freight, Inc.)United States Bankruptcy Court, D. Nebraska · 1979
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