Fidelity & Casualty Co. v. Haines

Citations

• 111 F. 337
• 49 C.C.A. 379
• 1901 U.S. App. LEXIS 4385

Syllabus

<p>1. Rías Gestaa.</p> <p>A statement which is detached from the material act pertinent to the issue, and which constitutes a mere narrative of a past transaction, te not a part of the res gestae, but is hearsay, and incompetent as evidence.</p> <p>2. Insurance—Res Gkstaa—Admissions of Agent after Alleged Contract.</p> <p>The admission by the local agent of an insurance company on the day after the alleged making by him of an oral contract of insurance, that the claimant was insured, is not a part of the res gestee, and is hearsay evidence as against his principal.</p> <p>3. Same -Agency—Opinion of Agent—Evidence against Principal.</p> <p>The opinion or conclusion of an agent relative to the legal effect of acts and transactions is not binding upon his principal unless the latter has authorized his agent to form and express an opinion on his befialf. A statement hy the agent of an insurance company that a claimant is insured is such an opinion, and is incompetent evidence against his principal.</p> <p>4. Same—Local Agent’s Authority to Adjust Alleged Losses.</p> <p>A stipulation in the contract of appointment of a local insurance agent that he shall receive as his compensation for all his services, including those adjusting losses, a certain commission on the premiums lie secures, and that he will render these services, does not authorize him to adjust alleged losses or to admit the liability of his principal therefor, unless he is otherwise empowered so to do.</p> <p>(Syllabus by the Court.)</p>