Globe & Rutgers Fire Insurance v. Robbins & Myers Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Globe and Butgers Fire Insurance Company, from ah order of the Appellate Term of the. Supreme Court, entered in the office of the clerk' of the county of Mew York ,011 the 6th day of July, 1904, affirming a judgment, of the 'Munich . pal Court of the city of Mew York in favor, of the defendant, entered on the 2d day of July, 1904, '
1Opinion of the Court
McLaughlin, J.:
This action was brought to recover the sum of $300—- premium alleged to be due on a policy of fire insurance. Defendant took out what is termed a floating fire insurance .policy in the plaintiff company, for which it paid, a premium of x$300 to one Elliott. Elliott paid the same to- one Carroll,-who absconded without turning the money over to the plaintiff. The sole question presented for determination is whether Carroll,, at the time the. payment, was made ■to-him, was the agent of the insurance company or the agent of the. *531defendant. The action was originally brought in the…
2Cases cited3 opinions
- Hermann v. Niagara Fire InsururanceNew York Court of Appeals · 1885
- White v. Connecticut Fire InsuranceMassachusetts Supreme Judicial Court · 1876
- Greenwich Insurance v. Union Dredging Co.New York Court of Common Pleas · 1887
3Cited by3 opinions
- Globe & Rutgers Fire Insurance v. Lesher, Whitman & Co.City of New York Municipal Court · 1926
- C. A. Smith Lumber Co. v. Colonial Assurance Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Policy Funding Corp. v. Kings County Lafayette Trust Co.Appellate Division of the Supreme Court of the State of New York · 1972