Daily capital journal. (Salem, Oregon) 1903-1919, 1911-10-12
OREGON SUPREME
COURT DECISIONS
Continued from Page two.)

had to take it up with George NJ.
Moulton.
This testimony is not sufficient to
prove any authority in Mitchell to
bind the defendant The mere UNDER
standing of the witness is hearsay.
To say that Mitchell was held out by
the defendant as its agent is but
stating a conclusion of law. The ac-
tions or declarations of the defen-
dant in that connection should have
been disclosed in order to determine
whether they amounted to holding
him out as agent. Further: Although
Mitchell, as a witness, would be a
competent witness to prove his
agency yet his letters or even his
oral declarations reported by other
witnesses are not sufficient to estab-
lish such agency.
On the assumption, however, that
his agency is proven, we pass to the
letters themselves. His first letter,
apparently a circular addressed "Es-
teemed Comrade" without designat-
ing any one by name, after directing
that quarterly dues b hereafter re-
mitted direct to the company pro-
ceeds as follows:
Immediately upon receipt of your
first remittance, this company will
send you a Guarantee Slip which
you will attach to your Order of
Washington Contract. This 'Guaran-
tee Slip will be countersigned by
Geo. NJ Moulton, President Western
Life Indemnity Company, and it
agrees to fulfill all the conditions of
your present certificate for one year,
upon your paying your regular dues
and assessments. This arrangement
gives you double protection without
additional cost.
A little later you will be sent a
list of the several kinds of insurance
certificates issued by the Western
Life Indemnity Company, and then,
If you wish, you may exchange your
present certificate for any certificate
issued by the Western Life Indem-
nifty Company within the year.
Upon receipt of your first remit
tance you will be mailed an official
receipt, as well as a Guarantee Ger
tificate'. Make your remittance by
Post Office Money Order, Bank Draft
or Express Money Order"
His letter of March %, 1908, ad-
dressed to plaintiff says:
Enclosed herewith please find re-
ceipt5 covering the amount of your
remittance, and also you will find
enclosed guarantee certificate to be
attached to your Order of Washing
ton certificate as per agreement en-
tered into by and between the Order
of Washington and the Western Life
Indemnity Company.
Kindly send your next assessments
direct to this Office to keep your pro-
lection well secured
The reinsurance contract is going
forward successfully in every de-
gree and every comrades certificate
Is now worth 100 cents on the dol
lar. We all have much cause for re-
joicing over this change"
His third letter addressed to plain
tiff encloses a receipt for assessment
No. 3, and besides that is no more
than an expression of his pleasure
over the good condition of the COM
pany.
Conceding for the sake of argu-
ment, that Mitchell had authority as
agent to sign for the defendant,
none of the letters in evidence pur-
porting to bear his signature. as
such, contains any definite memoir
andum of any agreement and GER
tainly does not express a considera-
ton In any sense whatever. None of
them comes anywhere near meeting
the requirements Of the statute of
frauds.
1t was admitted that one, George
NJ Moulton, was the president of the
defendant and his signature to the
letters and documents now here re-
ferred to was admitted. These docu-
ments follow:
Geo. Nj. Moulton
President.
The Order of Washington
Department.
Western Life Indemnity Company.