Huntley v. Merrill

*627 By the Court,

Marvin, P. J.

The action was upon a premium note, made by the defendant to the Cattaraugus County Mutual Insurance Company, of which company the plaintiff had been duly appointed receiver. The property insured was in Bradford, McKean co. Penn., and the defendant resided there, and all the negotiations touching the insurance and note were had at Bradford, by the defendant, with one McKay, who was authorized by the company to make surveys and receive applications for insurance. McKay had no power to ratify or approve applications, or issue policies, or make contracts of insurance.…