49 W. Va. 437 | W. Va. | 1901
This is a suit in chancery instituted by Henry T. Bell in the circuit court of Greenbrier County against the Peabody Insurance Company, a corporation, for the enforcement of specific performance of an oral contract of insurance alleged to have been made on the 31st of July, 1897, by J. W. A. Ford, as agent of the defendant company, whereby he agreed for and on behalf of said company to insure the stock of goods of said plaintiff in the said company in the sum of one thousand five hundred dollars in addition to three thousand five hundred dollars, which plaintiff already had on said goods. Plaintiff alleges in his bill that on said 31st day of July, 1897, he applied to said agent for said insurance, and said agent undertook to and did insure said goods in said defendant company for the sum of one thousand five hundred dollars, at the rate of one dollar and seventy-five cents per one hundred dollars, the premium at said rate amounting to the sum of twenty-six dollars and twenty-five cents, and that by agreement plaintiff was given thirty days .within which to pay said premium, and said agent agreed that he would fix up said insurance that evening, the 31st of July; that by reason of said contract to insure, plaintiff made no effort to get additional insurance in any other company and relied upon said contract for the additional insurance; that but for said contract plaintiff would have secured as he easily could have done said additional insurance in some other good and reliable company; that on the morning of the 3d of August, 1897, about daylight, his stock of goods was destroyed by fire, a total loss; that he immediately notified and informed said defendant company of said loss as required of parties insured in case of loss; that within the thirty days agreed upon for the payment by plaintiff of the premium on said insurance, plaintiff made a lawful tender to said Ford, agent, of the twenty-six dollars and twenty-five cents premium, in full payment thereof, but said agent declined and refused to take it, and still refused, that plaintiff had ever been since said tender was made ready to pay the same; that defendant had declined and wholly refused to pay plaintiff the amount of said insurance or any part of it, and that the whole of same was justly due him; that plaintiff was without remedy save in a court of equity, and prayed that said agreement and contract
There seems to be no error in the decree, and the same is affirmed.
Affirmed.