Merchants' Planters' Ins. Co. v. Marsh’s Empirical Analysis
1912
Citation profile
1 federal appellate · 33 state decisions
How this case has been cited
Cited by 34 later decisions — most recently November 1962 · most notably State Mut. Ins. Co. v. Green (1915), Brown v. Connecticut Fire Ins. Co. of Hartford, Conn (1915)
1 federal appellate · 33 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Hankins v. Rockford Insurance Co. · St. Paul Fire & Marine Ins. v. Mountain Park Stock Farm Co. · Bush v. . Westchester Fire Ins. Co. · Winnesheik Insurance v. Holzgrafe · Johnson v. State Bank
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The burden of showing the power and authority of the 'agent, and the nature and extent of his agency, was upon the plaintiff. He has not discharged it. This general rule is stated in Wood on Insurance thus (section IT) : ‘The burden is upon the person seeking to enforce a parol contract of insurance to establish, not only the making of a contract, but also the authority of the agent to make it, and, if any waiver is relied upon, both the waiver and the authority of the agent to make it. * * *’ The general rule stated in 16 A. & E. Eney. Law (2d) 915, regarding the power of soliciting agents, seems to be supported by the current of decisions. It is: ‘A soliciting agent, who is authorized to receive applications for insurance and to transmit them to the company for its approval, but who has no authority to pass on risks or to make contracts of insurance, cannot bind the company by an oral agreement for * * * or consent to additional insurance. * * *’ ””
1 later decision quote this exact passage““There is nothing to -be added to the above. It stands as a careful, well-considered construction of the statute. It imposes no hardship on the pleader; in fact, it was announced to obviate hardship. If the pleader iunthoughtedly falls into this error, the motion to strike, stating the grounds, calls his attention pointedly to his mistake, at a time when he can correct it and save his ease. If he does not care to do so, but rather prefers, because disagreeing with the wisdom of the rule, to risk his case on the theory that the court will overturn the same upon further consideration, he ought not to complain if the court disappoints him by not doing so.””
1 later decision quote this exact passagee.g. Stuart v. Grayson““We are aware that there is much conflict in the authorities regarding the power of such agents, relative to questions of waiver, where they arise or grow out of the taking of the application; such, for instance, as misstatements made in the application, when written out by the agent for the insured, etc., many cases holding the company liable upon the ground that the taking of the application, and matters done.by him in connection there•with, are within his power.””
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.