Hartford Fire Insurance v. Trimble
Court of Appeals of Kentucky
Case 68 — 'Action by S. Y. Thimble against the Hartford Fire Insurance Company on a Parol Contract fob Insurance.— APPEAL FROM LOGAN CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. POINTS DIS'CUSaED. 1. The alleged executory parol agreement to insure appellee’s property is not established by the evidence.
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Case 68 — 'Action by S. Y. Thimble against the Hartford Fire Insurance Company on a Parol Contract fob Insurance.— APPEAL FROM LOGAN CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. POINTS DIS'CUSaED. 1. The alleged executory parol agreement to insure appellee’s property is not established by the evidence. No such contract was ever made. 2. Even if made, it was not within the scope of agent’s authority, being expressly forbidden by the company’s rules and instructions to the agent, of which want of authority the appellee had full notice. S. A court of equity could not decree…
1Opinion of the Court
Opinion op the court by
CHIEF JUSTICE BURNAM
Reversing.
The appellee, S. Y. Trimble, brought this actiou on the 2d of March, 1901, in the Logan circuit court, against the Hartford Fire Insurance Company, of Hartford, Conn., the Commercial Union Assurance Company, of London, England, and H. B. Caldwell, alleging that the defendant Caldwell was the agent of both of the defendant insurance companies at Russellville, Ky., during the year 1898; that during the latter part of August or the first part of September, 1898, he made, through his agent, H. L. Trimble, a verbal contract with the defendant…
2Cases cited3 opinions
- Baldwin v. Phoenix InsuranceCourt of Appeals of Kentucky · 1899
- Banta's Heirs v. ClayCourt of Appeals of Kentucky · 1820
- Gray v. DavisCourt of Appeals of Kentucky · 1830
3Cited by19 opinions
- Employers Fire Insurance v. SpeedMississippi Supreme Court · 1961
- Massachusetts Bonding & Ins. v. R. E. Parsons Electric Co.Court of Appeals for the Eighth Circuit · 1932
- Milwaukee Bedding Co. v. GraebnerWisconsin Supreme Court · 1923
- Hopkins v. Phoenix Fire InsuranceCourt of Appeals of Kentucky · 1923
- K. C. Working Chemical Co. v. Eureka-Security Fire & Marine InsuranceCalifornia Court of Appeal · 1947
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