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Unformatted text preview: siness of the The China Fire Insurance Company is at
Hongkong; of The YangTsze Insurance Association is at Shanghai; and of The State Assurance Company
is at Liverpool. As such foreign corporations they were duly authorized and licensed to do insurance
business in the Philippine Islands, and, to that end and for that purpose, the defendant corporation, Warner,
Barnes & Co., was the agent of each company.
The policies on their face shows that the defendant was the agent of the respective companies, and
that it was acting as such agent in dealing with the plaintiff. That in the issuance and delivery of the policies,
the defendant was doing business in the name of, acting for, and representing, the respective insurance
companies. The different policies expressly recite that, in the event of a loss, the respective companies
agree to compensate the plaintiff for the amount of the loss. the defendant company did not insure the
property of the plaintiff, or in any manner agree to pay the plaintiff the amount of any loss.
The defendant make any contract, either or written, with the plaintiff. The contracts were made
between the respective insurance companies and the insured, and were made by the insurance companies,
through Warner, Barnes & Co., as their agent.
The only defendant in the instant case is "Warner, Barnes & Co., in its capacity as agents of:" the
insurance companies. Warner, Barnes & Co. did not make any contract with the plaintiff, and are not liable
to the plaintiff on any contract, either as principal or agent. For such reason, plaintiff is not entitled to recover
its losses from Warner, Barnes & Co., either as principal or agent
The complaint is dismissed, and the judgment of the lower court is reversed, and one will be entered
here in favor of Warner, Barnes & Co., Ltd., against the plaintiff, for costs in both this and the lower court. Tuason v. Orozco, 5 Phil 596 (1906) LESAVA
Doctrine: A debt thus incurred by the agent is binding directly upon the principal, provided the former ac...
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This document was uploaded on 03/11/2014.
- Fall '14