State Ex Rel. Ins. Co. v. Haynes

West Virginia Supreme Court

State Ex Rel. Ins. Co. v. Haynes

154 S.E. 765, 109 W. Va. 328, 1930 W. Va. LEXIS 69

CourtWest Virginia Supreme Court

DecidedSeptember 9, 1930

Docket6839

StatusPublished

This text of 154 S.E. 765 (State Ex Rel. Ins. Co. v. Haynes) is published on Counsel Stack Legal Research, covering West Virginia Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State Ex Rel. Ins. Co. v. Haynes, 154 S.E. 765, 109 W. Va. 328, 1930 W. Va. LEXIS 69 (W. Va. 1930).

Pincite

Opinion

Litz, Judge:

The alternative writ commands the respondents Harry Haynes and E. B. Roach, as president and secretary, respectively, of the board of education of Talcott District, Summers County, to issue to the petitioner, Citizens Fire Insurance Agency, a corporation, a draft for $265.00, or show cause, if any they can, why they should not do so.

The amount claimed by petitioner is for the premiums of fire insurance policies issued by it covering school property of the said district for one year from January 28, 1928. The *329 policies were accepted and the premiums ordered paid by a majority of the board. The principal defense set up in the return of respondents is that the respondent, E. B. Roach, acting under authority of the board had contracted with the Hinton Insurance Agency Company for similar insurance prior to the date of the policies issued by petitioner. The only written evidence of such authority is an unofficial memorandum in the minute book of the board claimed to have been made prior to the tenure of Roach, as follows: “Ordered that the Secretary look after the insurance and keep the school houses insured with some good and reliable company. ’ ’ J. M. Wallace and W. L. Lindsay, the members of the board voting to accept the policies issued by petitioner and to pay the premiums therefor, deny that Roach was ever authorized by the board to secure policies from Hinton Insurance Agency Company.

The peremptory writ is awarded.

Writ awarded.

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Litz, Judge:

The alternative writ commands the respondents Harry Haynes and E. B. Roach, as president and secretary, respectively, of the board of education of Talcott District, Summers County, to issue to the petitioner, Citizens Fire Insurance Agency, a corporation, a draft for $265.00, or show cause, if any they can, why they should not do so.

The amount claimed by petitioner is for the premiums of fire insurance policies issued by it covering school property of the said district for one year from January 28, 1928. The *329 policies were accepted and the premiums ordered paid by a majority of the board. The principal defense set up in the return of respondents is that the respondent, E. B. Roach, acting under authority of the board had contracted with the Hinton Insurance Agency Company for similar insurance prior to the date of the policies issued by petitioner. The only written evidence of such authority is an unofficial memorandum in the minute book of the board claimed to have been made prior to the tenure of Roach, as follows: “Ordered that the Secretary look after the insurance and keep the school houses insured with some good and reliable company. ’ ’ J. M. Wallace and W. L. Lindsay, the members of the board voting to accept the policies issued by petitioner and to pay the premiums therefor, deny that Roach was ever authorized by the board to secure policies from Hinton Insurance Agency Company.

The peremptory writ is awarded.

Writ awarded.

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Bluebook (online)

154 S.E. 765, 109 W. Va. 328, 1930 W. Va. LEXIS 69, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-ins-co-v-haynes-wva-1930.