Cahill v. Andes Ins. Co.
U.S. Circuit Court for the Northern District of Illnois
This was an action on a policy of insurance for one thousand dollars, issued to the plaintiff [Thomas Cahill] by defendant, covering a stock of wines and liquors owned by him at No. 170 Washington street, Chicago, for one year from March 5th, 1871, and which stock was destroyed by fire October 9th, 1871. The policy had been obtained through a Mr. Doud, an insurance solicitor, who was not in the employ of any company, but procured the privilege of “placing” insurances.
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This was an action on a policy of insurance for one thousand dollars, issued to the plaintiff [Thomas Cahill] by defendant, covering a stock of wines and liquors owned by him at No. 170 Washington street, Chicago, for one year from March 5th, 1871, and which stock was destroyed by fire October 9th, 1871. The policy had been obtained through a Mr. Doud, an insurance solicitor, who was not in the employ of any company, but procured the privilege of “placing” insurances. The plaintiff paid the premium to Doud before the expiration of the thirty days limited in the policy for the giving of…
1Opinion of the Court
BLODGETT, District Judge,
charged the jury as follows: The only question that is made by counsel upon which any stress is laid is as to whether this contract, in fact, ever went into force — as to whether it ever became operative between the parties.
It appears from the evidence that Mr. Doud’s manner of doing business was to call upon parties having insurable property, and solicit from them the business of placing it in some company, and obtaining a policy, and upon their acquiescing in his request, he would make an application to one of the companies with which he was operating, perhaps…
2Cases cited7 opinions
- Hartford Fire Insurance v. WalshIllinois Supreme Court · 1870
- McMasters v. Westchester County Mutual InsuranceNew York Supreme Court · 1841
- Vos v. RobinsonNew York Supreme Court · 1812
- Dohn v. Farmers' Joint-Stock InsuranceNew York Supreme Court · 1871
- Firemen's Insurance v. CrandallSupreme Court of Alabama · 1858
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Eaid v. National Casualty Co.Oregon Supreme Court · 1927
- National Live Stock Insurance v. ElliottIndiana Court of Appeals · 1915
- Bini v. SmithAppellate Division of the Supreme Court of the State of New York · 1899
- Bini v. SmithAppellate Division of the Supreme Court of the State of New York · 1899
- Stuyvesant Ins. Co. v. D. C. Herndon & Co.Court of Appeals of Texas · 1934