FAY v. SWICKER

Nos. 32047 and 32048.

154 Ohio St. 341 (1950)

FAY, ADMR., APPELLEE, v. SWICKER; THE REPUBLIC MUTUAL INS. CO., APPELLANT. LARA, APPELLEE, v. SWICKER; THE REPUBLIC MUTUAL INS. CO., APPELLANT.

Supreme Court of Ohio.

Decided December 16, 1950.


Attorney(s) appearing for the Case

Messrs., Catri & Catri, for appellees.

Messrs. Slabaugh, Guinther & Pflueger and Messrs. Flynn, Py & Kruse, for appellant.


STEWART, J.

The theory upon which the courts below found for plaintiffs is that Zuercher, under Section 9586, General Code, was solely the agent of defendant, and since Zuercher had full knowledge of the falsity of the statements in the application which Swicker signed and warranted to be true, the knowledge of Zuercher became the knowledge of defendant, and as it issued its policy of insurance with that knowledge it cannot take advantage of any agreement or stipulation...

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