Gentry v. Connecticut Mutual Life Insurance
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Adams, J. An agent is the employe of the company; a broker is the agent of the one soliciting insurance. — Butler v. Dorman, 68 Mo. 298. In cases where the writing only pi’ofesses to be, or in its nature is only a part of the entire transaction resulting in agency, then the writing does not bar proof of the other parts by parol.—Story’s Ag.
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Appeal from the St. Louis Circuit Court, Adams, J. An agent is the employe of the company; a broker is the agent of the one soliciting insurance. — Butler v. Dorman, 68 Mo. 298. In cases where the writing only pi’ofesses to be, or in its nature is only a part of the entire transaction resulting in agency, then the writing does not bar proof of the other parts by parol.—Story’s Ag. (9th ed.), sects. 79, 80. The question of agency in this case was for the jury. — London Society v. Bank, 36 Pa. St. 498; Hawkinson v. Lombard, 25 111. 572 ; Bank v. Plannett, 37 Ala. 222, 227 ; Mcülung v..…
1Opinion of the CourtBakewell, J.
This is an action to recover from defendant $364, which it is alleged was paid to defendant by plaintiff, on making application for life insurance, upon the agreement that, if the application should be rejected, defendant would return the money. It is alleged that the application was rejected, and the money not returned. The answer was a general denial. There was a verdict and judgment for plaintiff.
There was testimony tending to show the following state of facts: Defendant' is a foreign corporation engaged in the business of life insurance. It has an office in St. Louis, and A. B. Denton was…
2Cases cited4 opinions
- Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
- Ætna Insurance v. MaguireIllinois Supreme Court · 1869
- Butler v. DormanSupreme Court of Missouri · 1878
- Rumfelt v. O'BrienSupreme Court of Missouri · 1874
3Cited by6 opinions
- Summers v. Mutual Life Insurance Co. of New YorkWyoming Supreme Court · 1904
- Farber v. American Automobile InsuranceMissouri Court of Appeals · 1915
- Green v. WormanMissouri Court of Appeals · 1900
- Daniel v. Aetna Life InsuranceMissouri Court of Appeals · 1931
- Millard v. SmithMissouri Court of Appeals · 1906
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