New Jersey Law Reports Volume 24

New Jersey Law Reports Volume 24

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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. 1856 edition. Excerpt: ... traveling agents and approved them; sometimes verbal notices of alterations have been sent and acted on." This was the substance of the evidence on the question of notice, and the court left it to the jury, with the instruction that if it appeared to their satisfaction that notice in fact was given to the board, or to any oflicer or agent of the company whose duty, by the by-laws, resolutions or usages of the company, it was, receiving such notice, to communicate it to the company, whether given verbally or in writing, it was sufficient. But that the declaration of a traveling agent, that he knew, or had been informed that the plaintiff had efl'ected a subsequent insurance in the Clinton Company, without any time being specified when such declaration was made, or when, or how such information was obtained, and without any evidence of such knowledge or notice being brought home to the company, or the secretary, was not notice. g The instruction to the jury was right. The only question is, whether the evidence warranted the verdict. It has been held, and I think correctly, that when a notice of the exist ' ence of another policy is required in such loose phraseology as we find in this article, it is not necessary that it should be in writing----verbal notice is sufiicient. Nor is it necessary it should be given to the board of directors of the company, or their president or secretary; if given to an agent of the company employed to solicit risks and negotiate contracts for the company with anybody and everybody who may wish to insure, it is suflicient; for third persons dealing with such an one have a. right to judge of the extent of his authority from the nature and course of the business in which he is employed, without being...
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Product details

  • Paperback | 312 pages
  • 189 x 246 x 17mm | 558g
  • United States
  • English
  • black & white illustrations
  • 1236792416
  • 9781236792419