United States Life Insurance v. Advance Co.

Citations

• 80 Ill. 549

Syllabus

<p>1. Agency—acts of agent, Iww far binding. The acts of a general agent, or one whom a man puts in his place to transact all his business of a particular kind, will bind the principal so long as the agent keeps within the scope of his authority, though he may act contrary to his private instructions.</p> <p>3. Contract—affected by general custom. Where a general custom exists, the presumption is, that the parties to a contract are acquainted with it, and contract in reference to it.</p> <p>3. Same—custom as affecting agent's authority. Where a party contracts with a general agent of an insurance company, with knowledge of a custom prohibiting the agent from making such a contract, he can not hold the company bound under the contract.'</p> <p>4 Agency—defined and limited by custom and usage. Where an agency is exercised in respect to matters governed by known usage, it wall be presumed, in the abseiace of proof to the contrary, that the agency is to be con-' ducted in the manner and according to the practice which are allowed and justified by such usage.</p>