Legal Opinion · Dissent

United American Fire Insurance Co. v. American Bonding Co. of Baltimore

Wisconsin Supreme Court

Decided October 3, 1911Published

Appeal fi*om a judgment of the circuit court for Milwaukee county: OeREU T. Williams, Circuit Judge. The plaintiff is a fire insurance company. One Greene was appointed as its agent to represent it in Chicago. Said Greene was employed under two contracts, one written and •one oral. The written contract authorized the agent to write surplus lines of insurance in certain specified states.

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Appeal fi*om a judgment of the circuit court for Milwaukee county: OeREU T. Williams, Circuit Judge. The plaintiff is a fire insurance company. One Greene was appointed as its agent to represent it in Chicago. Said Greene was employed under two contracts, one written and •one oral. The written contract authorized the agent to write surplus lines of insurance in certain specified states. It ran for one year from March 1, 1908, and authorized the agent to receive proposals for insurance, fix rates of premium, receive moneys, countersign, issue and renew and consent to the transfer of policies,…

1DissentKeRWIU', J.

TRe majority opinion holds that there was evidence to warrant the court below in direct*583ing a verdict for the plaintiff.. Th'é correctness of this conclusion depends upon whether certain admissions of the agent, Greene, made after his resignation and when not in the employ of the plaintiff, were admissible against the defendant. On the lTth day of April, 1908,. Greene ag principal and the defendant as surety executed to the plaintiff a bond in the sum of $5,000, conditioned that said Greene would, in the position of state agent in the plaintiff’s service, make good to the plaintiff within…

2Cases cited24 opinions

  1. Travellers' Insurance v. McConkeySupreme Court of the United States · 1888
  2. Douglass v. HowlandNew York Supreme Court · 1840
  3. Hart v. HessSupreme Court of Missouri · 1867
  4. Blair v. Perpetual InsuranceSupreme Court of Missouri · 1847
  5. Gauch v. St. Louis Mutual Life InsuranceIllinois Supreme Court · 1878

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