Jackson v. Mutual Benefit Life Insurance
Supreme Court of Minnesota
Action in the district court for Bice county to recover $875.28 and interest for breach of contract, being the amount of two promissory notes alleged to have been given by plaintiff to defendant in payment of an insurance premium on policies which were not delivered. The case was tried before Buckham, J., and a jury, which rendered a verdict in favor of plaintiff for $923.60; and from -an order denying a motion for a new trial, defendant appealed.
1ConcurrenceStart, C. J.
I concur in the result on the ground that it was error for the trial court to admit in evidence the admissions of the state agent. I dissent, however, from so much of the decision of the court as in effect holds that the verdict was not sustained by the evidence. The question is not whether the agent, Little, had implied authority to accept the plaintiff’s promissory notes for the first premium. The question is, did he have apparent or ostensible authority so to do ? The evidence on this question was, in my judgment, such as to make it a question of fact for the jury.
On April 13,1900, the…
2Cases cited5 opinions
- Weisser v. . DenisonNew York Court of Appeals · 1854
- Columbia Mill Co. v. National Bank of CommerceSupreme Court of Minnesota · 1893
- Godfrey v. New York Life InsuranceSupreme Court of Minnesota · 1897
- Sandberg v. PalmSupreme Court of Minnesota · 1893
- Brown v. Bankers & Brokers' Telegraph Co.Court of Appeals of Maryland · 1869