National Liberty Insurance v. Banta
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Oneida county: A. H. Reid, Circuit Judge. As we view this case, only one principle of law is involved, and we briefly state the facts to cover that principle. The defendants conducted an insurance agency known as the North Wisconsin Agency, a corporation. Under the insurance statute they were required to act in their individual capacity as agents.
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Appeal from a judgment of the circuit court for Oneida county: A. H. Reid, Circuit Judge. As we view this case, only one principle of law is involved, and we briefly state the facts to cover that principle. The defendants conducted an insurance agency known as the North Wisconsin Agency, a corporation. Under the insurance statute they were required to act in their individual capacity as agents. They represented, among other insurance companies, the plaintiff company, with its head office in Chicago. They insured certain forest products in Northern Wisconsin in the plaintiff company. On the…
1Opinion of the CourtCrownhart, J.
There can be no question but that the defendants were bound to carry out the orders of their principal, and, failing to do so, would be bound to respond in damages resulting from such failure. However, defendants had five days within which to replace the insurance, and in the meantime it was perfectly proper for the defendants to ask the plaintiff for a reconsideration' of its action. This they did. The plaintiff undoubtedly had a reasonable time within which to reply, and in the meantime defendants would not be liable for any loss occasioned until after the expiration of the five days for…
2Cited by2 opinions
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