Fournier v. American Life & Accident Insurance

Citations

• 74 Wash. 175
• 133 P. 9
• 1913 Wash. LEXIS 2016

Syllabus

<p>Subrogation — Right to — Wrongful Acts of Agent — Trustee Ex Maleficio. Where an insurance company, through the fraudulent acts of its agent in a trade of the company’s capital stock for land, was rendered liable, on rescission of the deal, for the value of part of the land which it had conveyed to an innocent purchaser, it is entitled to be subrogated to the rights of the agent, as a trustee ex maleficio, in and to certain notes given to the agent by the innocent purchaser in the course of the trade, and held by the agent or his assigns with notice of the fraud.</p>