Mills v. Title Guaranty & Surety Co.

Citations

• 101 Wash. 162
• 172 P. 248
• 1918 Wash. LEXIS 827

Syllabus

<p>Principal and Surety—Surety Companies—Authority of Agents —Apparent Authority—-Evidence—Sufficiency. Local agents of a surety company are as a matter of law without apparent authority to execute a stay bond, where it was in excess of the express authority in their written power of attorney, no inquiry was made as to such express authority, they had no forms for the execution of bonds of that nature, and the bond was prepared by the assured’s attorney wholly in typewriting, and some doubt was at first entertained as to their power to execute the bond (Ellis, C. J., and Main, J., dissenting).</p>