The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-01-31
COMPANY is LIABLE
FOR FRAUDS OF
ITS AGENTS
Supreme Court Says Insrr-
ance Corporation Is Re
sponsible for Frauds and
Other Acts of Employees
Money Of Scott Goes to
Heirs-Other Decisions.

Fourteen decisions were handed
down by the supreme court yesterday,
and in but two cases were the decis-
ions of the lower court reversed.
In the case Of Catherine Otte against
the Hartford Life Insurance company,
in which the company appealed from
verdict of $1,000 given the plaintiff in
the lower court on a policy issued on
her husbands life the lower court is
affirmed.
The supreme court holds the COM
pany is not only liable for the acts of
it's agents, but as well for the frauds of
the agents, when the insured is not
party to the fraud.
E. L. Hills secured William Otte a
policy for $1,000 in the company. The
agent wrote all the answers of the in
sured on the medical blank and car
rfed the same to DR.. Woodward, the
physician for the company, who, at the
request Of Hills, approved and signed
the application. The company in re-
sisting payment of the policy to the
widow set up that Hills was an in
Surance broker and<not an agent of the
company. 1t was shown that Sampel
Johnson appointed Hills a local agent,
and the court finds that Johnson had
the authority to make the appointment.
1t was conceded that the insured had
been told by number of physicians
that he was afflicted by the disease
from which he afterwards died. His
application, however, stated that he
had never been examined by any ply
stefan and had no such disease. The
court finds on this point that the jury
evidently believed from the evidence
that the insured told the agent the
truth, but the agent did not put his an
SWerS in the application.
Must Put in "Y" at Jasper.
After a delay Of six years the Will
mar & Sioux Falls and Burlington &
Northern Railway company will be
obliged to connect their tracks at Jas
per, MINI.
In September, 1897, the Minnesota
state railway and warehouse commits
sion was petitioned by shippers at Jas
per to have the two railroads connect
their tracks. Only the Willmar COM
| pany answered when cited to appear
| before the state commission and it's an
sWer was in effect that the Burlington
| did not cross its main line, but only
spur track
On Dec. 9, 1897, after hearing and
inspection the commission ordered the
tracks connected This was not obey
ed and an alternative writ of mandam-
US was sued out The result of the
hearing was the issuance of a per
| emptory writ commanding the two
roads to make the connection. The
supreme court, and Chief Justice Start,
in his decision, says the. facts found
by the trial court justify its order that
peremptory writ of mandamus issue
directing the companies to make the
track connections at the village Of Jas
per-"
Heirs Will Get Scott Money.
By a decision written by Chief Jus
tice Start the taxpayers of Rice county
VIII not get the benefit Of $43, 900 which
at one time Harvey Y. Scott decided to
give the county treasury. July 3, 1901,
Scott made a WILL the seventh clause
of which provided that whatever
money was left of his estate should be
given to the county revenue fund Of
the county for the benefit of the tax
payers.
Three weeks later he drafted another
| codiCil in which he revoked the clause
and provided Il hereby. direct that my
executor shall, after paying all my just
debts and expenses DESTROY the residue
| OF the money or cash that to me or my
estate shall belong and that Rice coun-
ty shall not be a legatee or have any
interest in or to my estate or any part
thereof"
SCOTS heirs consisted of a brother
and sister and children of deceased
brother, and the judge of probate of
Rice county distributed the estate
among the heirs, holding that the
money could not be legally DESTROYED
and it must go to the heirs. The
county took an appeal, and the SUI
preme court holds that the bequest to
the county was expressly and uncondi-
tionally revoked by the codicil, al
though the new disposition Of the
money may, be void. The judgment of
| the lower court was affirmed
Some Other Decisions.
John w Schmidt as trustee il, Ia ,,lyr1,r,+
cy Of Fred Hager, bankrupt, respondent
VS.. Fred Hager ct al, defendants Fred
Hager and Mary Hager, appellants
judgment afhrmed. Start, j.. .
Bank Of Fisher, appellant, VS.. A. ]. Ad-
| ans, respondent.
Order affirmed.
! Northern Pacific Railroad Company. re-
| spondent. VS.. N. G. Holmes appellant
Order affirmed.
f. G.. Berg, respondent. vs.. Gust Olson,
| appellant.
Order affirmed.
James E. Malone, respondent, VS.. Patrick
Malone ct al, appellants.
Judgment affirmed.
oGara, King & Co. respondents. VS..
|