The Insurance Law Journal, Հատոր 4D.T. & L.H. Potter, 1875 Reports of all decisions rendered in insurance cases in the federal courts, and in the state courts of last resort. |
From inside the book
Արդյունքներ 76–ի 1-ից 5-ը:
Էջ 37
... knowledge of the plaintiff or the insured wrote the answers in the application incorrectly , for this is an attempt to substitute a different parol contract for the warranties and representations contained in the written agreement ...
... knowledge of the plaintiff or the insured wrote the answers in the application incorrectly , for this is an attempt to substitute a different parol contract for the warranties and representations contained in the written agreement ...
Էջ 38
... knowledge of the agent is clearly proved . It is shown by the testimony of Mrs. Ryan that all the questions were answered truthfully by her husband ; that the agent was told he had been rejected by another company . The agent ...
... knowledge of the agent is clearly proved . It is shown by the testimony of Mrs. Ryan that all the questions were answered truthfully by her husband ; that the agent was told he had been rejected by another company . The agent ...
Էջ 42
... knowledge . And further , that where application is made out by the agent , the statements embodied therein , if contrary to the truth , are those of the insurance company , although the application was signed by the plaintiff , and the ...
... knowledge . And further , that where application is made out by the agent , the statements embodied therein , if contrary to the truth , are those of the insurance company , although the application was signed by the plaintiff , and the ...
Էջ 43
... knowledge . See the cases of Specht ' vs. Howard , 16 Wall . , 564 ; Hartshorn vs. Day , 19 Howard , 211 ; Ward vs. United States , 14 Wall . , 28 ; Sparrow vs. Mut . Ben . Life Ins . Co. , U. S. C. C. , Mass . , 1873 ; May on Ins . , p ...
... knowledge . See the cases of Specht ' vs. Howard , 16 Wall . , 564 ; Hartshorn vs. Day , 19 Howard , 211 ; Ward vs. United States , 14 Wall . , 28 ; Sparrow vs. Mut . Ben . Life Ins . Co. , U. S. C. C. , Mass . , 1873 ; May on Ins . , p ...
Էջ 45
... knowledge or consent of the plaintiff or her husband . Aside from the claim that the defendants are responsible for the conduct of their local agent , this is merely an attempt to substitute for a part of the written contract declared ...
... knowledge or consent of the plaintiff or her husband . Aside from the claim that the defendants are responsible for the conduct of their local agent , this is merely an attempt to substitute for a part of the written contract declared ...
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Common terms and phrases
according action actual affirmed agent agreed agreement alleged amount annual answer appear application assignment assured authority avoid become benefit brought building cause charge charter City claim clause condition consent consideration considered construction contained continued contract corporation court damage death decision defendant effect entitled error evidence excepted existence express fact fire further give given ground Held hold instructions Insurance Company intention interest issued judge judgment jury knowledge liability loss material matter meaning ment Mutual necessary notice objection opinion owner paid parties payment person plaintiff premium present principle proof prove question reason received recover reference refused regard rendered respect risk rule statement statute subsequent sufficient suit taken testimony tion trial true United unless valid verdict void warranty witness written York
Սիրված հատվածներ
Էջ 138 - But when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract," so that it is no excuse if that which happens might have been provided against by the contract.
Էջ 825 - It exists only in contemplation of law and by force of the law; and where that law ceases to operate, and is no longer obligatory, the corporation can have no existence. It must dwell in the place of its creation, and cannot migrate to another sovereignty.
Էջ 623 - And when in any suit mentioned in this section there shall be a controversy which is wholly between citizens of different states, and which can be fully determined as between them, then either one or more of the defendants actually interested in such controversy may remove said suit into the circuit court of the United States for the proper district.
Էջ 153 - ... but when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided...
Էջ 58 - ... may, at any time before the trial or final hearing of the cause, file a petition for the removal of the cause as against him into the next circuit court of the United States to be held in the district where the suit is pending...
Էջ 74 - Having no absolute right of recognition in other states, but depending for such recognition and the enforcement of its contracts upon their assent, it follows, as a matter of course, that such assent may be granted upon such terms and conditions as those states may think proper to impose.
Էջ 551 - That an act done for another, by a person, not assuming to act for himself, but for such other person, though without any precedent authority whatever, becomes the act of the principal, if subsequently ratified by him, is the known and well established rule of law.
Էջ 162 - The powers of the agent are, prima facie, coextensive with the business intrusted to his care, and will not be narrowed by limitations not communicated to the person with whom he deals. An insurance company, establishing a local agency, must be held responsible to the parties with whom they transact business for the acts and declarations of the agent, within the scope of his employment, as if they proceeded from the principal.
Էջ 53 - Newark, or to agents, when they produce receipts signed by the president or the treasurer, then, and in every such case, the said company shall not be liable to the payment of the sum insured, or any part thereof, and this policy shall cease and determine.
Էջ 69 - States, or any foreign government, for any of the purposes specified in this act, directly or indirectly to take risks or transact any business of insurance in this state...