Ellis v. . Albany City Fire Insurance Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order denying motion for a new trial and directing judgment in favor of plaintiff upon verdict. (Reported below, 4 Lans., 433.) This action was brought upon an alleged contract of fire insurance upon a quantity of cotton at Appalachicola, Florida.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order denying motion for a new trial and directing judgment in favor of plaintiff upon verdict. (Reported below, 4 Lans., 433.) This action was brought upon an alleged contract of fire insurance upon a quantity of cotton at Appalachicola, Florida. In November, 1865, O. F. McCoy was appointed agent of the defendant at Augusta, Georgia, under a power of attorney which described the extent of his agency as follows: “As agent, he is authorized -and empowered to receive proposals for…
1Opinion of the CourtGrover, J.
Whatever doubts may formerly have been entertained as to the validity of parol contracts of insurance, made by insurance corporations, anthorized by their charters to make insurance by issuing policies, it is now settled that they are valid. (Commercial Marine Insurance Company v. The Union Insurance Company, 19 How., U. S., 321; Trustees, etc., v. Brooklyn Fire Insurance Company, 19 N. Y., 305.) It is equally well settled that parol contracts of such companies, to effect an insurance by issuing policies, are valid, and will be enforced by compelling specific performance by the company, or in…
2Cases cited2 opinions
- Trustees of the First Baptist Ch. v. . Brooklyn Fire Ins.New York Court of Appeals · 1859
- Post & Dowding v. Ætna InsuranceNew York Supreme Court · 1864
3Cited by57 opinions
- Hicks v. British America Assurance Co.New York Court of Appeals · 1900
- More v. New York Bowery Fire InsuranceNew York Court of Appeals · 1892
- Commercial Union Assurance Co. v. State ex rel. SmithIndiana Supreme Court · 1888
- Forward v. Continental InsuranceNew York Court of Appeals · 1894
- Angell v. . Hartford Fire Ins. Co.New York Court of Appeals · 1874
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