Joseph, Inc. v. Alberti, Carleton & Co.

The defendants had for many years been insurance brokers for plaintiff. Prior to April 12, 1921, the plaintiff was engaged in the alteration of an adjoining building to be used as an annex to its business. On April 12, 1921, it concededly requested the defendant to effect fire and burglary insurance upon merchandise to be moved into the annex. The plaintiff’s manager testified that on the afternoon of April 12, 1921, Alberti, an authorized officer of the defendant corporation, told him over the telephone that the insurance had been effected, that the risk was bound, and that the plaintiff…