239 Pa. 22 | Pa. | 1913
Opinion by
In an effort to secure for certain customers loans upon
On the trial the court below reached the conclusion that no authority from the company to Mr. Billmire, empowering him to make any such agreements had been shown, and a verdict for the defendant was directed.
We agree with the trial court that there is no evidence that Mr. Billmire had any express authority, to couple with applications for insurance any agreement as to the granting of loans by the company upon real estate, and that the general scope of his employment did not authorize any such action upon his part. Nor was there any evidence sufficient to justify its submission to the jury
In so far then as the matter of life insurance was concerned, the applications showed only that the transactions were the usual ones, contemplating the payment of the premium for the first year, and the issue of the policy. The applicants were entirely justified in making payment of the premium, or in having it paid for them, to Mr. Billmire, as general agent of the company. When the premiums were paid, the .company was bound to issue the policies, or in case of its refusal to do so, it. was bound to return the premiums. But for any breach of duty in this respect it was accountable to the applicants for insurance, and the right of action was in them. The premiums were paid by them, or for them. They and the beneficiaries alone were concerned in the insurance. The Burns & Reilly Real Estate Company had no
The assignments of error are overruled, and the judgment is affirmed.