Lawyers' Reports Annotated Volume 47

Lawyers' Reports Annotated Volume 47

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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. 1900 edition. Excerpt: ...and that, if Prindeville was the agent of the plaintiff, the latter would be chargeable with knowledge of the fact that his agent had procured this policy of insurance that did not permit additional insurance; but if, on the other hand, Prindeville was in fact acting for and as the agent of the defendant company in placin this insurance, and agreed with the plainti that he would secure him policies of insurance to the amount desired, to become effective of the same date, and to run concurrently, then the defendant company would be chargeable with knowledge of the fact that there was to be such additional insurance; and if, with such knowledge the company or the agent that represented it issued the (policy, and received the premium upon it, an applied it to its own use, it would constitute a waiver of the condition of the policy, --to which charge there was preserved, and is assigned for error, a proper exception. A verdict was found for the plaintifi below, and reversal of the judgment entered thereon is here sought because of the error stated. liable upon the upon the Messrs. Cunningham, Vogel, & Gunningliam, for plaintiff in error: The law conclusively presumes that all the terms of the agreement are correctly expressed in the writing, and the conversations of the parties made before or simultaneously with the writing are not admissible in evidence. Winneshcik Ins. Co. v. Holzgrafe, 53 Ill. 522, 5 Am. Rep. 64; Abrams v. Pomeroy, 'l3 Ill. 133; Marshall V. Gridley, 46 Ill. 250; Heinsen v. Hcinsen, 145 Ill. 669, 21 L. R. A. 434, 34 N. E. 597; Starkie, Ev. 648; Strehl v. D'Evens, 66 Ill. 76; Loach v. Farml/m, 90 Ill. 369. Where the contract between the parties is in writing, "the writing aflords the only competent...
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Product details

  • Paperback | 850 pages
  • 189 x 246 x 43mm | 1,488g
  • United States
  • English
  • black & white illustrations
  • 1236847075
  • 9781236847072