National Union Fire Insurance v. Ehrlich
Appellate Terms of the Supreme Court of New York
Appeal by plaintiff from a judgment of the Municipal Court of the city of New York, borough of Manhattan, first district, dismissing the plaintiff’s complaint after trial by the court without a jury.
1Opinion of the CourtProskauer, J.
A broker had for some time procured fire insurance policies for defendant. One such expired on December 22, 1921, and on that day the broker sent to defendant a renewal *683policy issued by plaintiff and a bill for the premium. Defendant retained the policy and bill for two months and then, in response to demand for payment, rejected the policy. This action is for premium accrued prior to the rejection and plaintiff appeals from dismissal of the complaint.
In 1 Williston on Contracts (p. 169) it is said: “Generally speaking an offeree has a right to make no reply to offers * * * But the relations…
2Cited by2 opinions
- Matter of Tanenbaum Textile Co. v. SchlangerNew York Court of Appeals · 1942
- Continental Cas. Co. v. RosenzweigDistrict Court, S.D. New York · 1952