Hartford Fire Ins. v. Ollinger & Bruce Dry Dock Co.
Hartford Fire Ins. v. Ollinger & Bruce Dry Dock Co.
Opinion of the Court
There are four propositions insisted upon by tbe appellant in brief:
“First. That the persons from whom it is claimed that Norville Bros, obtained their authority had no power to confer such authority.
“Second. No person in fact undertook to authorize Norville Bros, to enter into such a contract, but the only authority which any one undertook to confer upon Norville Bros, was that of brokers, wholly without authority to contract, but authorized on the contrary merely to find a customer, and put the customer in communication with the insurance company.
“Third. Norville Bros, did not, in fact, undertake to enter into a verbal contract of insurance, but, on the contrary, merely undertook to act as brokers, with the understanding that any contract between the parties would be made directly between the appellant and the appellee in writing.
“Fourth. In addition to these, each of the special pleas-, setting up that some of the material terms of the contract had never been agreed upon, were fully established by the undisputed testimony in the cause.”
If the contentions of appellant’s counsel should prevail, it would break down the rule of presumptions arising from correspondence in due course, as applied to corporations. Corporations can only act through agents, and the doctrine of presumptions arising from correspondence has been built up on' common sense and reason, nor is the rule without adjudicated authority. The receipt of a letter answering a letter addressed to another, and signed by one purporting to be the agent of the person addressed, raises the presumption both of genuineness of the signature and of the authority of the writer to bind the person addressed. Kinder v. Pope, 106 Mo. App. 536, 80 S. W. 815; Gilliland & Gaffney v. Southern Railway Co., 85 S. C. 26, 67 S. E. 20, 27 L. R. A. (N. S.) 1106, 137 Am. St. Rep. 861; Norwegian Plow Co. v. Munger, 52 Kan. 371, 35 Pac. 11; Armstrong v. Advance Thresher Co., 5 S. D. 12, 57 N. W. 1131; Scofield v. Parlin et al., 61 Fed. 804. 10 C. C. A. 83; W. U. T. Co. v. Rowell, 153 Ala. 314, 45 South. 73. The authorities cited in appellant’s brief are not in point. Vail and Timberlake were held out by the corporation in its printed letterheads as being the general agent and assistant general agent of the marine and transportation department of an insurance company doing a general fire and marine insurance business. The letters were answers to correspondence with reference to this particular kind of business, and a holding that, under circumstances such as are presented in the present ease, the authority of agents acting for the corporation must be shown by resolutions of a board of directors, as is contended by appellant’s counsel, can never be sustained.
The fourth contention of the appellant that each of the special pleas, setting up that some of the material terms of the contract had never been agreed upon, were fully- established by the undisputed evidence in the cause, is not borne out by the testimony, as we have heretofore seen. The proposition was for a policy of insurance such as was already in existence, and was held by the appellee. A copy of this was furnished to the appellant, and the appellant furnished to the appellee a printed blank to be used in so far as it was applicable. These formed a part of the correspondence and negotiations, and, coupled with the testimony in the case, disclosed a proposition for the issuance of a policy, and an agreement as to every material part thereof. The authorities cited in appellant’s brief state no new doctrine, but they do not apply to the facts in this case.
The foregoing disposes of all the errors insisted upon in appellant’s brief. We find no error in the record, and the judgment of the lower court is affirmed.
Affirmed.
Reference
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- Hartford Fire Ins. Co. v. Ollinger & Bruce Dry Dock Co.
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