Sandford v. Trust Fire Insurance
New York Court of Chancery
This was an appeal, from a decree of the late assistant vice chancellor of the first circuit, dismissing the complainant’s bill.
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This was an appeal, from a decree of the late assistant vice chancellor of the first circuit, dismissing the complainant’s bill. The bill was filed by the complainant, as the receiver appointed in a creditor’s suit against Cowles, Brother & Co., to recover compensation for a loss of the property of that firm by fire, on the 17th. of August, 1839; under an alleged agreement of The Trust Fire Insurance Company to insure the same, for one year from the first of July 1839. The facts, as they appeared from the pleadings and proofs, were as follows: Cowles, Brother & Co. consisting of H. B. Cowles,…
1Opinion of the Court
The Chancellor.
From the view I have taken of this case, it is not necessary for me to decide the question whether a parol agreement of insurance, not evidenced by writing in any way, is valid and binding; or whether there is any thing in the charter of this particular corporation to prohibit it from contracting to insure, by a mere parol agreement, not evidenced by writing and subscribed by some of the agents of the corporation. In *556England, the stamp act necessarily requires all contracts for insurance to be in writing. The French code also requires the contract of insurance to be in writing.…
2Cited by9 opinions
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- Heiman v. Phœnix Mutual Life InsuranceSupreme Court of Minnesota · 1871
- Miller v. AldrichMichigan Supreme Court · 1875
- Fidelity & Casualty Co. v. Ballard & BallardCourt of Appeals of Kentucky · 1899
- Posey County Fire Ass'n v. HoganIndiana Court of Appeals · 1906
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