Tayloe v. Merchants' Fire Insurance Company of Baltimore/Opinion of the Court

THIS was an appeal from the Circuit Court of the United States for the District of Maryland.

A decree pro forma was entered, under the agreement of the parties, dismissing a bill filed by Tayloe against the insurance company under the following circumstances.

The office of the insurance company was at Baltimore, but there was an agent at Fredericksburg, Virginia, who was John Minor.

On the 25th of November, 1844, this agent addressed to the company the following letter.

'Fredericksburg, Virginia, November 25, 1844.

'MERCHANTS' FIRE INSURANCE CO. OF BALTIMORE:--

'The undersigned, William H. Tayloe, desires to effect insurance to the amount of eight thousand dollars on his dwelling-house, of stone covered with wood; main building about ninety by sixty feet, two stories; two wings, two stories, covered with wood, about fifty by fifty feet, and connected with the main building by covered ways of stone, covered with wood. The above-mentioned house is known by the name of Mt. Airy, and is situated in Richmond County, about two miles and a half from the court-house.

'J. MINOR, for WILLIAM H. TAYLOE.

'P. S. Mr. Tayloe (not Mr. Taylor) passed through this place this morning on his way to Alabama, and, not having time to attend to his application, desired me to forward one in his name. The measures given are as nearly correct as I can remember; but, as the building is worth double the amount proposed, the measures are not of much importance. I have long been familiarly acquainted with the house. One thing I should state, that it is built of red sandstone, which in my opinion will not stand fire. Mr. Tayloe's family inhabits the house, and he will return in January or February; meanwhile, I am to communicate to him your answer.

'J. MINOR.'

On the 30th of November, 1844, the following answer was received.

'M. F. I. Co., Baltimore, November 30, 1844.

'J. MINOR, ESQ.:--

'Dear Sir,-Yours of 25th and account of 28th are received. I have forwarded Mr. B.'s policy. Mr. Tayloe's risk will be taken at the same rate as Mr. Bernard's, viz. 70 cts. on $8,000, p. $56. Policy, $1.

'Yours, respectfully,

'GEO. B. COALE, Secretary.'

When this letter was received by Minor, Tayloe was in Alabama, and Minor addressed to him the following letter, which he directed to Demopolis, Alabama, and which was sent from Demopolis to Macon, where Tayloe then was.

'Fredericksburg, December 2, 1844.

'This day I received from the secretary of the board of the Merchants' Fire Insurance Company of Baltimore an answer to your application for insurance to the amount of $8,000 on the Mount Airy house; rate 70.