SCOTT v. CONTINENTAL ASSURANCE CO.

No. 35287.

167 Ohio St. 515 (1958)

SCOTT, APPELLANT, v. CONTINENTAL ASSURANCE CO., APPELLEE.

Supreme Court of Ohio.

Decided April 30, 1958.


Attorney(s) appearing for the Case

Mr. Herman H. Nieberding and Messrs. Burke, Cooney & Morrissey, for appellant.

Mr. Joseph Lemkuhl and Mr. Clifford Ellig, for appellee.


WEYGANDT, C. J.

This controversy involves the fraudulent misconduct of an individual named Russell who was a duly licensed agent of the defendant insurance company and sold the plaintiff his two policies.

The defendant refuses repayment to the plaintiff for several reasons.

The defendant insists that under the provisions of each policy, all premiums were payable either at its home office in Chicago or to a duly authorized agent; that the plaintiff...

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