Reports of cases argued and determined in the Supreme Court of New South Wales Volume Ñ‚. 1

 
9781236294562: Reports of cases argued and determined in the Supreme Court of New South Wales Volume Ñ‚. 1
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1879 Excerpt: ...year and the board of directors shall accept the "NC! 0same, the funds and property of the said Company shall (subject to the conditions and stipulations aforesaid) be subject and liable to pay, reinstate, or make good to the said assured, his heirs, executors, or administrators, such loss or damage as shall be occasioned by fire to the property hereby insured, not exceeding in each case the sum or sums hereinbefore specified against each property; provided always, Ste." Replication, that the policy in the declaration and in the plea mentioned was one and the same policy, and was by deed executed under the hands and seals of two of the directors of the Defendants, having power to bind the Defendants thereby. Cross demurrers. At the trial of the issues of fact, a verdict went for the Plaintiff. The Defendants, besides the plea set out above, had pleaded non assumpsit to the declaration, and the policy put in evidence at the trial turned out to be a deed under the hands and seals of two of the directors. A rule nisi was moved for, substantially on the grounds that the Defendants were entitled to succeed on the issue of non assumpsit, as the contract was under seal; and that the policy was made, not with Hayes, but Jenkins, and that Jenkins was the only person who could sue. M. H. Stephen for the Defendants moves for a rule. It is quite clear that Jenkins can sue. Browning v. the Provincial Insurance Company of Canada (I) shows that even if the principal is not named in the policy he may sue, but if he is named he is the only person who can sue. The word "lessee" cannot control the word "agent," and it is clear law that the agent cannot sue on a contract made by him expressly as agent for a known principal: Fairlie v. Fenton...

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