Reynolds v. Continental Insurance
Michigan Supreme Court
Error to Washtenaw Circuit. If the defendant received the plaintiff’s money for the insurance and kept it, as he offered to prove, it was a ratification of the contract. The company could not repudiate the contract while retaining its consideration. At any rate the evidence was admissible to go to the jury, as one of a series of facts which (with others the plaintiff had a right to prove) would tend to show a ratification of the insurance contract.
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Error to Washtenaw Circuit. If the defendant received the plaintiff’s money for the insurance and kept it, as he offered to prove, it was a ratification of the contract. The company could not repudiate the contract while retaining its consideration. At any rate the evidence was admissible to go to the jury, as one of a series of facts which (with others the plaintiff had a right to prove) would tend to show a ratification of the insurance contract. The question here is not whether that fact alone would be sufficient of itself to bind the defendant, but whether it was-so utterly immaterial to…
1Opinion of the Court
Graves, J:
A verdict having been returned by direction of the court against Reynolds, who was plaintiff below, he has brought error.
*140The action was on an alleged agreement of July 18th, 1874, to insure his interest up to three thousand dollars for one year in a steam mill and its appliances, at. Manchester, in Washtenaw county, the property having been destroyed "by fire August 3d, 1874, and no policy having been received by him.
He claimed the agreement was made on the part of the company by one Kirchhofer, then its agent at Manchester, and that he paid one hundred and thirty-five dollars as…
2Cases cited18 opinions
- Gilbert v. KennedyMichigan Supreme Court · 1871
- Meister v. PeopleMichigan Supreme Court · 1875
- Markey v. Mutual Benefit Life InsuranceMassachusetts Supreme Judicial Court · 1869
- Clay Fire & Marine Insurance v. Huron Salt & Lumber Manufacturing Co.Michigan Supreme Court · 1875
- Security Insurance v. FayMichigan Supreme Court · 1871
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3Cited by16 opinions
- Bujalski v. Metzler Motor Sales Co.Michigan Supreme Court · 1958
- Kamm & Schellinger Brewing Co. v. St. Joseph County Village Fire InsuranceMichigan Supreme Court · 1912
- Hacheny & Beno v. LearyOregon Supreme Court · 1885
- Armstrong v. State Ins.Supreme Court of Iowa · 1883
- Livingston Manufacturing Co. v. Rizzi Bros.Supreme Court of Vermont · 1913
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