O'Brien v. New Zealand Insurance
California Supreme Court
Appeal from a judgment of the Superior Court of Fresno County and from an order denying a new trial. M. K. Harris, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtGaroutte, J.
This is an action upon a contract of fire insurance, and defendant is appellant, as is usual in that class of cases. One Peters was defendant’s local agent in the town of Reedly, Fresno county, and under his commission as agent he had no authority to enter into a contract of insurance. But he was appointed subagent “to receive proposals for insurance, and fix *229rates of premium, and to receive money for policies and certificates of insurance.”
Upon July 2, 1892, plaintiff O’Brien made a written application to Peters, upon one of defendant’s blanks, for insurance upon his saloon, building, and…
2Cases cited2 opinions
- Stewart v. Helvetia Swiss Fire Ins. Co.California Supreme Court · 1894
- Harron v. City of London Fire InsuranceCalifornia Supreme Court · 1891
3Cited by6 opinions
- Douglass v. Mutual Ben. Health & Accident Ass'nNew Mexico Supreme Court · 1937
- Merchants' Planters' Ins. Co. v. MarshSupreme Court of Oklahoma · 1912
- Shawnee Mut. Fire Ins. Co. v. McClureSupreme Court of Oklahoma · 1913
- Guipre v. Kurt Hitke & Co.California Court of Appeal · 1952
- Bankers Indemnity Ins. v. PinkertonCourt of Appeals for the Ninth Circuit · 1937
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