Legal Opinion

Richards v. Washington Fire & Marine Ins.

Michigan Supreme Court

Decided April 8, 1886PublishedCited by 18 opinions

Error to Cass. (Smith, J.) Assumpsit. Defendant brings error. The facts are stated in the opinion. While it is true that the-knowledge of the agent is treated in many cases as that of the principal, and this rule has been frequently applied in actions on insurance policies (Peoria M. &. F. Ins. Co. v. Hall, 12 Mich. 213 ; Ætna Live Stock F. & T. Co. v. Olmstead, 21 Id. 246; Security Ins.

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Error to Cass. (Smith, J.) Assumpsit. Defendant brings error. The facts are stated in the opinion. While it is true that the-knowledge of the agent is treated in many cases as that of the principal, and this rule has been frequently applied in actions on insurance policies (Peoria M. &. F. Ins. Co. v. Hall, 12 Mich. 213 ; Ætna Live Stock F. & T. Co. v. Olmstead, 21 Id. 246; Security Ins. Co. v. Fay, 22 Id. 473), yet it appears in all of these cases that the assured relied wholly upon the advice and skill of the agent, and was well entitled to protection ; but there is a class of •cases in…

1Opinion of the CourtCampbell, C. J.

March 7, 1885, plaintiff procured insurance from defendant’s agent, Judge Clisbee, at Cassopolis, on a brick building in that place, consisting of two stores on the ground floor and a residence above, the latter being occupied by plaintiff and his family. One of the stores was occupied by Gr. Y. Bailey as a general store for dry goods, groceries, and other articles. The other was used as a restaurant and bakery, and had a large brick oven in the basement.

On the twentieth of April, 1885, the premises were destroyed by fire, which originated in Bailey’s store, and for which plaintiff was in no…

2Cited by18 opinions

  1. Smith v. Grange Mutual Fire InsuranceMichigan Supreme Court · 1926
  2. Carpenter v. Continental InsuranceMichigan Supreme Court · 1886
  3. Hanover Fire Ins. v. DallavoCourt of Appeals for the Sixth Circuit · 1921
  4. State v. AventSupreme Court of North Carolina · 1961
  5. Continental Paper Bag Co. v. BosworthTexas Commission of Appeals · 1925

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