South Bend Toy Manuf'g Co. v. Dakota Fire & Marine Ins.

Citations

• 3 S.D. 205
• 52 N.W. 866
• 1892 S.D. LEXIS 55

Syllabus

<p>1. A person authorized to accept risks, to agree upon and settle the terms of insurance, and to carry them into effect by issuing or renewing policies, must be regarded as a general agent of the company. 2 S. D. 17, affirmed.</p> <p>2. When the facts are undisputed, the court is authorized to determine whether they create an agency, and, if so, with what powers and limitations. This power of the court should be exercised only in a very clear case, and in no case when the evidence is to any extent conflicting, or when the evidence is such that different minds might honestly draw different conclusions therefrom.</p> <p>(Syllabus by the Court.</p>