In the case at bar it was not, it seems to me, part of the duty of the agent to visit personally the lands that were to be covered by the insurance. The agent was a bank manager, residing in Balcarres, and his duty, it seems to me, consisted simply in soliciting and receiving applications and transmitting them to the defendant. It was not part of his duty to inquire into the correctness of these descriptions. Under these circumstances, I cannot come to the conclusion that the knowledge of the agent was the knowledge of the defendant. I question, in any event, whether the knowledge which the agent had of the location of the land would be the knowledge of the defendant. That knowledge was not acquired about or in connection with the application in question, but was his general and casual knowledge of the location of the land from having previously driven past it, and, as Gwynne, J., says at p. 462 of Chatillon v. Canadian Mutual Fire Insur. Co. referred to above: “knowledge acquired in one transaction would not be notice in the other transaction.”
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.