Page:Federal Reporter, 1st Series, Volume 8.djvu/197

SIA.S V. EOQEB WIMillMS INS. CO. , 183 �It 18 provided by section 4982 that the apceal shallbe — �^'Euteied at the term of the circuit court which shall be held within the dis- trict next after the expiration of ten days from the time of elaiming the same." �A term of the circuit court began October 18th. If the filing of the petition of appeal was the entry of the appealj then the appeal , was entered in time, and this court bas jurisdiotion of it. Perhapa the citation ought to have been made returnable at the term com- mencing the last Monday of February, but that is of no importance now. The defendants permitted that term to pass, and waited untii now, in the April term, before making this motion. I think the filing of the petition of appeal was an entry of the appeal within sec-- tion e982. It is still the April term, and still in time to file the transcript at the term to whioh lihe citation -was returnable. The plaintif! ought to be allowed to file the transcript now, and ten days will be given for that purpose. . , , �An order may be entered grantihg the niotion to dismiss unless that shall be done. ���Sus ». The Eogeb Wiluams Ins. Co. �{Circuit Court, D. Neio Hampshire. June 24, 1881.) �1, EQniTABLS ReI(Ief — PRmorPAJj iND Agent — Fma Ikburaitcb '— MimjAii �iilSTAKB. ■ : , • . I . �C, an agent for several Insurance companiea, was accustomed to send to S., an agent for the defendant company, such applications a«;hiB own companies rejected. Thp course of business hetween thena was for 0. to fojrward the ap- plication to S., and, if it was accepted, S.'sent C. a policy, which, u^ion the payment of a premium, C. deliVered, and waa allowed a perceiitage of such premium as his commission. One such application was made hy amortgageie for the purpose of insuring his interest in the mortgage, hut, through a mis- take as to the law applicable to the case, the application was made to read as thoughit were one made by the mortgagor/piayable, in casle of ioss, to the mortgagee. The policywas'issuedcontainingthenameof theniortgagoras the assured. On a biil being brought;by thciporteagee to reform the policy, allege ing that it was issued to the mortgagor through the mistake of C., who is averred to have been the agent of the defendant; that there has heeu 4 Ioss , ■ and due proof theieof , and praying jpayment of the Ioss and general relief, JiM, that (1) on these fi^ctB C.waii the agent of thedefendanti (2) aroistalfje brought about by the erronepns representations as to the law in the preipises, of such agent, a lawyer, while actidg as agent, iday he corrected in equitr. ' ' �2. Principal anC Agent. �The principal is bound by the knowledge of his agent obtainedi in the courge of his employment. ,, ,■ �W.J. Cppela,nd, for complainant. , <?. p. Quarts aud Samwl G. Eastmant, fcT ^efendjaut. /> ��� �