Whitaker v. Farmers' Union Insurance
New York Supreme Court
MOTION by the defendant for a new trial. The plaintiff resided at Hale’s Eddy, N. Y., on the New York and Erie rail road, and the defendants’ chief place of business was at - Athens, Pa.; the defendants’ agent resided at Hancock, N. Y., and having called at the plaintiff’s house on the 28th of March,. 1857, and proposed to insure it in the defendants’ company, a written application was made and signed by the plaintiff, and a receipt given, acknowledging the payment of the…
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MOTION by the defendant for a new trial. The plaintiff resided at Hale’s Eddy, N. Y., on the New York and Erie rail road, and the defendants’ chief place of business was at - Athens, Pa.; the defendants’ agent resided at Hancock, N. Y., and having called at the plaintiff’s house on the 28th of March,. 1857, and proposed to insure it in the defendants’ company, a written application was made and signed by the plaintiff, and a receipt given, acknowledging the payment of the premium. The premium was not actually paid at the time, but it was agreed that the plaintiff might send it to the agent at…
1Opinion of the Court
By the Court, Balcom, J.
The plaintiff’s application for insurance was dated the 28 th day of March, 1857, and .the agreement to insure was made on that day; but the $36.50 premium, agreed to be paid for the policy, was not then paid, although the receipt taken by the plaintiff of the defendants’ agent states that it was then paid. The receipt states that the policy was to take effect on the day above mentioned, at noon. The property that the defendant agreed to insure was a house and the furniture in it. The same burned in the night of the 7th of April, 1857. The plaintiff by his agent,…
2Cited by10 opinions
- Keim v. Home Mutual Fire & Marine InsuranceSupreme Court of Missouri · 1867
- Baldwin v. Chouteau InsuranceSupreme Court of Missouri · 1874
- Harrington v. Mutual Life InsuranceNorth Dakota Supreme Court · 1911
- Mead v. Phenix InsuranceMassachusetts Supreme Judicial Court · 1893
- Union Ins. Co. v. Am. Fire Ins. Co.California Supreme Court · 1895
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