Modern Woodmen v. Tevis

Citations

• 117 F. 369
• 54 C.C.A. 293
• 1902 U.S. App. LEXIS 4441

Syllabus

<p>1. Principal and Agent—Limitation of Authority.</p> <p>A principal may limit the authority of his agent, and when he does so the latter cannot bind his principal beyond the limits of his authority by contract, estoppel, or waiver, to those who know the limitations upon his power.</p> <p>2. Insurance—Principal and Agent—Limitations of Agent’s Authority by Policy or Benefit Certificate.</p> <p>Insurance companies and beneficial associations may limit the authority of their agents by provisions in their policies, or by by-laws which are a part of their contracts; and an agent whose powers are thus limited cannot bind his company beyond the limits of his authority by contract, estoppel, or waiver, to those-who know the limitations upon his powers.</p> <p>3 Insurance—Principal and Agent—Beneficiary’s Knowledge of Limita tions of Agent’s Authority.</p> <p>The insured and the beneficiaries under contracts with insurance companies and beneficial associations are charged with knowledge of the limitations upon the powers of the agents of the companies which are found in the policies or certificates or in the by-laws or applications which are a part of their contracts, and they are bound by these limitations.</p> <p>4. Beneficial Associations—Limitation of Authority of Agent—Local Clerk of Modern Woodmen of America.</p> <p>The by-laws of the Modern Woodmen of America, which constitute a part of the contracts with its members and beneficiaries, provide that a member who fails to pay a benefit assessment at the time specified for its payment is ipso facto suspended, and his benefit certificate is thenceforth void; that he may be reinstated within a certain time, if in good health, by furnishing a warranty of that fact, and paying his arrearages; that the clerk of the local camp shall collect and remit to the head camp the assessments paid in accordance with the bylaws; that he shall report to the head camp suspended members; that he is the agent of the local camp, and not of