Samuel Freeman Miller

“ Under all the circumstances of this case, we are of opinion that the company treated Phillips as their agent for the purpose of the early notice of the death of Edwards, and also of the receipt of the final proofs thereof, and that it is too late for them now to undertake to defeat this action upon the ground that he was not their agent for any of these purposes. We do not deem it necessary to go into a critical examination of the authorities upon the questions so often raised of the powers of agents of this class. ”

“ In reply to yours of tenth inst., would say that we received a letter from agent Phillips, dated February 7, 1883, wherein he writes: 'I found the inclosed upon my table on my return home, and forward the same.' The inclosed were incomplete proof papers relating to the death of Mr. Frank Edwards, and we acknowledged the receipt of same February 9th, asking for a full report of the analysis of Edward's stomach, the report to be certified by the chemist who made the analysis. We have no further intelligence respecting the matter. ”