Quoug Tue Sing v. Anglo-Nevada Assurance Corp.

— This is an action on a policy of fire insurance. The only question in the case is, whether the policy sued on was canceled before the fire occurred or not.

The policy was procured by one Brandon, acting as a broker, from the local agent of the respondent, and who was paid by such agent a commission of fifteen per cent. The company was not satisfied with the risk, and the local agent was notified to cancel it. The policy contained this clause:—

The local agent attempted to cancel the policy through Brandon. Brandon represented to him that the appellant wanted other insurance, and the agent reported to him that he could place a part of the insurance for $750, which was half of the amount of the original risk, in another company. He accordingly did so. The amount of the premium on the policy sued on which had been paid by Brandon for the appellant was $110. The local agent gave Brandon the policy of insurance in the other company, the premium for which was $60, and paid him the balance of the $110 in money.

What took place between Brandon and the appellant is best told in his own words. He testified: “I went down to see Quong Tue Sing. I did not see him there; *569 he was not…