Fielding Home for Funerals v. Public Savings Life Insurance

Rhodes, Justice:

The sole question presented on this appeal is whether, from the fact of a person answering a telephone at a business establishment and undertaking to respond in regard to its general business, it can be presumed'that the person is authorized to speak for the business with regard to the matter under inquiry even though the caller cannot identify the person by name. Finding that such a presumption arises, we reverse the action of the trial judge in nonsuiting the plaintiff-appellant.1

The appellant brought suit to collect the proceeds of a life insurance policy from the…