The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-10-05

psintiH's bui;pes we.s destroyed ct about O'clock
that o,Dtpe 6rcthsr ooDseuts also destroyvd
With them No cnrmupieston Of any kind was msts
b. VIII Dsy 20 the plstpt0 until days After this.
when Whitney 30 view OF bis having previously give
authority 10 Bentley sct sub agent. and the in
j. mes, induced TO make ont the policy enter IL In
She reester and coun'ersigu and deliver it-ao that
uDD sitter snowdee Of tire Gre no ratification Of the
policy made BY W ADD then 1t done only under
the idea that Ne bound to be bad previously
given auth rty TO act sub agent In other wor
uprer tte ioea that was sub agsnt, he e. coad
tsbs Ard rso@ive 40 cliostieus from hmssf make
them binding on the oompany from the time he took
tb,m until, The oompsny through W. should di-snarm
thin that Gre should happen Ia the iatsrvSl the
con pepy should bear the lo.s this idea Of his
the suppts ton that authority to agent 70 take
for and against the until dss cproved included
power 10 the agent TO take and receive such appica
doDs fir m himself and them for hmss sgsiass
the COMPANY, the plato s sucosss depends ON sbi.
iity sus'ais this supposa Tor after the Gre
Known Whitney 1t Il admitted that he agent had
20 power % insure the and none % e,vs pc. 20
one binding on the mpany Ia such CT ntrsct ndog
. company principles applicable to the Ia :
stated to be fsniady applied also between comps les
and sh.sr MT: mother equally fsisr IN the case
az x.
bis authority may be expressed Ia any sera terms,
bss suthority act for himself tie csnnot make
contract in which be acts directly for hmssf and also
sgeDt for the company The compsny (his princi ps
sslsc him to sct as their agent, that through him
q. s nm t o o. sns sr
as oour terpoiss to the one side, feeling which It
Ia apprehfnced the icsu,et VIII have, Who II 10 sup
that OF the company The sgsnt L TO obtain
for the company the highest Of premium that may
be fairly chsIgsd, ana to avoid dangerous situations
huilob gs and prnpeyti unless he high pre-
MUM thst may he commensurate TO the extra risk The
Insured the other hand wi press for the o~sst rate
Of premiu and far Is b honestly may win
lv value the danQA OF All Or Of
building o. s conteDtA The person, cannot in
such stances set for both parties and In Whatever
su'hoiise him to act for the precspal In CONTACTS be
tween BIN and the principal 1t eaunot be intended to
scent sell lano such lots at such prices
night deem 1T would authorize him TO sell any
himself at aey price An equally broad authority to
btoter to s would authorize him to se any
of It TO himself So here ths authority to Bentley to 70
give apPlic.tions mare nsorsncss' wonid rot sane
s s ~. oS ~ mace ?, nun lot
too low and to ineure IL this situation dan
gerous that the ~ould not have approved of
In fact In this the temptation had just that effect
although perhaps uDconscio usy to the plaintiff, he
charged hin self only thirteen cents for months and
Whitney says be would not have accepted the risk b..
on the low rate OF premium, and that shad 1t not been
for the written auth ort gwen 10y him to Bentley bind
ing all riks which he light never would hav. re-
ceived the policy It ~ould have been promptly decn d.
becaufe the premrm too low the that
the conpsny opposed Is taking risks at such rates.
tn have the advantage Of ~atchfuness for their in
teress ip al contracts that he should make watchfu
to he not merely ted that he should
have bias for the Insured against them but
by that Interested fee Ing which has when aco
himteif, or for principal whom he values AZ much
himself The plaintiff deprived the company of thi. ad
vantage and should bear tn loss tn results from his
own esa although probably not Ill meant act Il
better fo' HIM now to lose than by his to sub
vert OF impair the extent Of rule Of law The
Language Of the aubot to Bentley also excludes the
idea If bis actns for the company when he the in
sured Is Ito tske and secure applications" to
ceive applications and make them binding. When an
appca ion T. made there II apply ana another
be applied to; when any thing taken received,
there one to tale receive and another give
reoder Il, 90 Thompson states but which W q state
nent is posed TO- W when he Ieoeived Is letter said
be sppr ved of the risk for the colum and said 1t
fore be knew Of the Gre thn ~ not make .
binding on the company 1t WA casual ark,
DO mste BY any acting for the plaintiff defen
danI OF rendered to wr Ing and not communists to
the plaintiffs. He Also sg~nt had right to let
other cub sgert insure for himself ard then ap
the insurance until b. hao exercised his judgment
the espedency OF the risk and the OF prs
MUM TO he paid This be could not have done when he
this casual remark whom he after exercised
hi Judgment It that he would not ha taken
thu fisk Tor the company because the premium
low sDd for other before stated Without going
other obectiona and the plaintiffs right recover
thete deemed sufficient This objection Is included
In the third request to charge and according
ment should be for the defendants, or . new trial
granted.