Church v. La Fayette Fire Insurance of Brooklyn
New York Court of Appeals
Appeal from judgment of the General Term of the City Court of Brooklyn affirming a judgment in favor of defendant, entered upon an order nonsuiting plaintiff upon trial. This action was upon an alleged contract of fire insurance. Plaintiff’s evidence was in substance that he was the owner of a hotel at Coney Island which for three years successively, prior to September 6, 1811, had been insured by defendant.
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Appeal from judgment of the General Term of the City Court of Brooklyn affirming a judgment in favor of defendant, entered upon an order nonsuiting plaintiff upon trial. This action was upon an alleged contract of fire insurance. Plaintiff’s evidence was in substance that he was the owner of a hotel at Coney Island which for three years successively, prior to September 6, 1811, had been insured by defendant. Plaintiff had dealt with defendant a good many years, and he testified that he had been in the habit of getting policies without paying for them; that he never paid for a policy at the…
1Opinion of the CourtMiller, J.
The question to be determined in this case, is whether there was evidence upon the trial to submit to the jury to show a waiver of the condition in the policy, that the company should not be liable until the premium was actually paid. We think that there was such evidence, and that the court erred in refusing to submit the case to the jury and in granting a nonsuit. The payment of the premium at the time of making the contract of insurance is not necessary to bind the company, and if a credit be given by the agent it is equally obligatory (Angell v. Hartford Ins. Co., 59 N. Y., 171), and the…
2Cases cited4 opinions
- Sheldon v. . the Atlantic Fire and Marine Insurance Co.New York Court of Appeals · 1863
- Boehen v. . Williamsburgh Insurance Co.New York Court of Appeals · 1866
- Angell v. . Hartford Fire Ins. Co.New York Court of Appeals · 1874
- Bowman v. . Agricultural Insurance Co.New York Court of Appeals · 1875
3Cited by8 opinions
- Farnum v. Phoenix InsuranceCalifornia Supreme Court · 1890
- Lantz v. Vermont L. Ins.Supreme Court of Pennsylvania · 1891
- Western Assurance Co. v. McAlpinIndiana Court of Appeals · 1899
- People v. . LeeNew York Court of Appeals · 1887
- McCabe Bros. v. Aetna InsuranceNorth Dakota Supreme Court · 1899
3 more not listed; retrieve them via the Exa API.