Northwestern M. L. Ins. Co. v. Roth

Citations

• 118 Pa. 329
• 12 A. 283
• 1888 Pa. LEXIS 396

Syllabus

<p>1. In an action upon-an insurance policy which-had’been previously-paid by the insurer to an assignee-thereof upon the faith of an assignment and receipt indorsed upon it at the time, the burden is upon the plaintiff to rebut the prima facie defence by evidence that the assignment was fraudulently obtained from the assured, and that before payment the company had notice.</p> <p>2. To rebut this defence, evidence of the acts and declarations of the-company’s local agent to solicit insurance, made after the payment upon such assignment and receipt, is inadmissible without evidence that-the agent’s knowledge was acquired and his-acts- done as the- sub-aggnt of the company and within the scope of his duties as such-</p> <p>3. Evidence that a letter was written and mailed to the company, by one who wrote as a stranger and not as having authority, directing the company not to pay, is insufficient to put the company upon notice or inquiry.</p>