Fire Insurance Cases

Fire Insurance Cases

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1877 edition. Excerpt: ...and explicit that in such a case the mortgagor, with the permission of the mortgagee, may sue upon the policy in his own name. The evidence reported is distinct that the mortgagee assented to the suit in advance or sanctioned it afterwards. With regard to the authority of Porter to bind the defendants, by an agreement to join in the submission of the plaintiffs claim to the arbitration of the three persons who made the award declared upon, there is more difficulty. He was undoubtedly their agent for some purposes, and to some extent, and the jury were correctly instructed as to the general rules by which they were to judge of the extent of his authority as such agent. But it is not claimed that he had any previous express authority from the defendants to enter into this specific agreement of reference, and the only ground upon which the defendants can be said to be bound by his act in so doing must be that such a reference came within the scope of the apparent authority which he had been permitted by them to assume on their behalf, or that they assented to the act by a subsequent ratification. If, with their knowledge and without objection on their part, he had acted in such a manner as to lead third persons dealing with him honestly to believe that he had such authority; in other words, if he was held out by the defendants as having it; they cannot afterwards repudiate his acts as unauthorized. The bill of exceptions shows that he was their Boston agent, and that, as such, he was largely employed in the preliminary arrangement of receiving applications, and the usual and ordinary business of insurance. But the adjustment and settlement of losses would be matters which would only arise occasionally, and much less frequently. more

Product details

  • Paperback | 386 pages
  • 189 x 246 x 20mm | 685g
  • United States
  • English
  • black & white illustrations
  • 123690219X
  • 9781236902191