Wytheville Ins. & Banking Co. v. Teiger

Citations

• 90 Va. 277
• 18 S.E. 195
• 1893 Va. LEXIS 46

Syllabus

<p>1. Insurance — Delivery—Waiver. —It is a waiver of the condition of prepayment to deliver a policy without requiring prepayment of premiums.</p> <p>2. Idem' — Payment of premiums. — Where company charges premiums personally to the agent, who gives credit to the insurer, held, it amounts to payment.</p> <p>3. Idem — Apparent Agent — Estoppel.—When insurance company clothes a person with apparent authority to deliver policies and receive premiums, held, it is estopped, after policy is delivered to innocent holder, to set up a defence that the agent acted without written authority.</p> <p>4. Idem — Instructions—Payment.—Plaintiff was insured against loss by fire by defendant, who delivered the policy to brokers who had placed for it many policies, remitting premiums at intervals. They delivered policy to plaintiff’s agent without collecting premium. Afterwards, before the loss, plaintiff paid premium.to agent, who paid brokers a sum which he testified included the premium, and took receipt “ on account of miscellaneous companies.’ ’ Policy provided that company should not be liable until premium actually paid. The trial court instructed that if the premium was embraced in the sum the agent paid the broker, the jury should find that the premium had been paid ;• held, no error.</p> <p>5. Depositions — •Notice.—Where defendant had been notified by plaintiff’s attorneys in this suit of their intention to take depositions in the State of Georgia in another suit wherein the plaintiff was not interested, on the same day that depositions were taken in this suit in the city of New York, held, the defendant’s motion to suppress the depositions taken in this suit was properly overruled.</p>