Hermann v. Niagara Fire Insururance
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, in favor of plaintiff, entered upon an order made June 5, 1883, which overruled defendant’s exceptions and directed judgment upon a verdict. This action was upon a policy of fire insurance. The material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, in favor of plaintiff, entered upon an order made June 5, 1883, which overruled defendant’s exceptions and directed judgment upon a verdict. This action was upon a policy of fire insurance. The material facts are stated in the opinion. The position of the plaintiff that Kennedy & Buell were not his agents in respect to the insurance after the policy had been delivered by them to him is untenable. (Standard O. Co. v. T. Ins. Co., 64 N. Y. 85.) The agency of Kennedy & Buell must, therefore, be…
1Opinion of the CourtAndrews, J.
Regarding the evidence in the most favorable light for the defendant, the authority conferred by the plaintiff on Kennedy & Buell, was to procure insurance to the extent of $8,500 upon the plaintiff’s factory building, and the machinery and furniture therein, in the city of Troy, either in companies which they represented' as agents, or in other companies. In execution of this authority Kennedy & Buell in the first instance, placed the entire insurance in their own companies. Subsequently, on some of the companies refusing to carry the risk, they procured the defendant, through Kelly & Knox,…
2Cases cited3 opinions
- Grace v. American Central InsuranceSupreme Court of the United States · 1883
- White v. Connecticut Fire InsuranceMassachusetts Supreme Judicial Court · 1876
- Standard Oil Co. v. . Triumph Insurance Co.New York Court of Appeals · 1876
3Cited by59 opinions
- East Texas Fire Insurance v. BlumTexas Supreme Court · 1890
- John R. Davis Lumber Co. v. Hartford Fire InsuranceWisconsin Supreme Court · 1897
- Lipman v. Niagara Fire InsuranceNew York Court of Appeals · 1890
- American Fire Insurance v. BrooksCourt of Appeals of Maryland · 1896
- Indiana Insurance v. HartwellIndiana Supreme Court · 1890
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