Robinson v. International Life Assurance Society of London

1 Citing case

  1. Hoffman v. Hancock Mut. Life Ins. Co.

    92 U.S. 161 (1875)   Cited 33 times
    In Hoffman v. John Hancock Life Insurance Co., 92 U.S. 161 (a case remarkably like this), it was held that the taking of a horse by an agent of an insurance company to pay the premium of a policy was ultra vires and a fraud as respects the company, to which the insured was a party, and that no valid contract as to the company could arise from such a transaction.

    An agreement between the agent of an insurance company and an applicant for insurance, whereby the former, without authority from the company, accepted, by way of satisfaction of a premium payable in money, articles of personal property, is a fraud upon the company, and no valid contract against it arises therefrom. Mr. James A. Garfield, for the appellant, cited Insurance Company v. Wilkinson, 13 Wall. 222; Masters v. Madison County Alert Insurance Co., 11 Barb. 624; May on Ins., sects. 134, 143; Taylor v. Merchants' Fire Ins. Co., 9 How. 390: 42 N.Y. 54; 20 Barb. 468; 2 Ins. Law Jour. 23; 25 Barb. 189; Hallock v. Commercial Ins. Co., 2 Dutch. 268; 25 Conn. 207; id. 542; 43 Barb. 351; Cooper v. Pacific, 3 J.C.R. 254 3 Ohio St. 549; 4 id. 353; Fraternal Life Ins. Co. v. Applegate, 7 id. 292; Bliss on Life Ins., sect. 317. Mr. H.L. Terrell for the appellee.