Utica Insurance v. Toledo Insurance
New York Supreme Court
This was an action upon a policy of re-insurance on a cargo of ship plank owned by Bidwell, Banta & Co., on board the schooner Davidson, from Port Clinton in the state of Ohio to Buffalo: The cause was tried by a referee,' who reported that on the 9th of November, 1851, the plaintiffs,' by George W. Clark, their agent at Buffalo, made a verbal contract with Bidwell, Banta & Co., to insure them against loss by dangers of the lakes or fire, to the amount of $1200, on the plank…
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This was an action upon a policy of re-insurance on a cargo of ship plank owned by Bidwell, Banta & Co., on board the schooner Davidson, from Port Clinton in the state of Ohio to Buffalo: The cause was tried by a referee,' who reported that on the 9th of November, 1851, the plaintiffs,' by George W. Clark, their agent at Buffalo, made a verbal contract with Bidwell, Banta & Co., to insure them against loss by dangers of the lakes or fire, to the amount of $1200, on the plank on board the schooner Davidson then at Port Clinton or on the voyage from Port Clinton to Buffalo, until the same…
1Opinion of the Court
By the Court, W. F. Allen, J.. The question is presented in this action whether a person can act as the agent of both parties in the making of a contract, when he is invested with a discretion by each, and when each is entitled to the benefit of his skill and judgment. Other interesting questions arise in the case, but as this is the one of the most general and practical importance, and if decided adversely to the plaintiffs is decisive of the case, it will be first considered. The general principle that a party cannot act for himself in the same transaction in which ■ he undertakes to act…
2Cases cited2 opinions
- Van Epps v. Van EppsNew York Court of Chancery · 1841
- Church v. Marine Ins.U.S. Circuit Court for the District of Rhode Island · 1817
3Cited by19 opinions
- Farr v. NewmanNew York Court of Appeals · 1964
- New-York Central Ins. Co. v. . National Protection Ins. Co.New York Court of Appeals · 1856
- Deardorff v. ForesmanIndiana Supreme Court · 1865
- Empire State Insurance v. American Central InsuranceNew York Court of Appeals · 1893
- Hartford Accident & Indemnity Co. v. Walston & Co.New York Court of Appeals · 1967
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