Stringham v. St. Nicholas Insurance
New York Court of Appeals
Joseph Stringham sued defendants, in the supreme court, on a policy of fire insurance issued by them to one L. Austin. Spaulding on July 12, 1856, for three thousand dollars, upon a stone flouring mill and machinery therein ; and on payment by Spaulding, J une 30, 1857, renewed for one year from July 12, 1857, to July 12, 1858. On August 25, 1857, Spaulding assigned the policy and all his interest therein to U. H. Wolfe, and on October 5, 1857, Wolfe assigned the same to…
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Joseph Stringham sued defendants, in the supreme court, on a policy of fire insurance issued by them to one L. Austin. Spaulding on July 12, 1856, for three thousand dollars, upon a stone flouring mill and machinery therein ; and on payment by Spaulding, J une 30, 1857, renewed for one year from July 12, 1857, to July 12, 1858. On August 25, 1857, Spaulding assigned the policy and all his interest therein to U. H. Wolfe, and on October 5, 1857, Wolfe assigned the same to plaintiff. The property was totally consumed by fire on November 15, 1857. The policy contained this clause: “ The interest…
1Opinion of the Court
Davies, Ch. J.
[After stating the facts.]—The only question seriously controverted upon the trial was, whether Brewster had authority to assent, on behalf of the company, to the assignments by Spaulding and Wolfe.
The plaintiff sought to establish such authority upon the grounds:
1. That Brewster had, on September 5, 1857, notified the defendants that Spaulding’s interest in the policy had been assigned to Wolfe, and that the company had by silence ratified the same.
2. That Brewster, as agent of the defendants, had authority to grant the assent of the company to those assignments.
The first…
2Cases cited2 opinions
- Scott v. CraneSupreme Court of Connecticut · 1814
- Lessee of Plumsted v. RudebaghSupreme Court of Pennsylvania · 1795
3Cited by2 opinions
- Taylor v. . Commercial BankNew York Court of Appeals · 1903
- Abrams v. PlattAppellate Terms of the Supreme Court of New York · 1898