54 Iowa 598 | Iowa | 1880
The plaintiff asked Peter Kiene, a witness, “Wliat power, if you know, is usually conferred on insurance agents by their companies, as to giving permission to transfer by the assured of the property insured?” This question was objected to, but it was overruled and the witness answered, “Well, most all agents in town that I know of have got the right to assign, transfer, sell or mortgage the property, to make a loan on it, and to put an indorsement on the mortgage so and so, but before it is indorsed it has first got to be reported; but I represent nine companies and every company gives me that right without a written consent.”
The admission of the foregoing evidence constitutes error. It was immaterial what other companies did. The question was whether the defendant had conferred the requisite authority on its agents, in express terms, by necessary implication, or had it so acted as to ratify what the agent did? It is doubtful whether the defendant would be bound by a custom; but conceding it would, it was not shown it had knowledge of such custom, or that it was so general the defendant must be presumed to have known it.
The agent Beck gave evidence tending to show he had
We have examined the whole record, and incline to think there is no other error in it.
Reversed.