Greenwich Insurance v. Union Dredging Co.
New York Court of Common Pleas
Appeal from a judgment of the District Court in the City of New York for the First Judicial District. The action was brought in the First District Court to recover the premium on a policy of insurance issued on property belonging to the defendant. The defendant alleged payment of the premium tó Pomroy & Mackaye, insurance brokers, who had transacted business in several other matters for the plaintiff.
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Appeal from a judgment of the District Court in the City of New York for the First Judicial District. The action was brought in the First District Court to recover the premium on a policy of insurance issued on property belonging to the defendant. The defendant alleged payment of the premium tó Pomroy & Mackaye, insurance brokers, who had transacted business in several other matters for the plaintiff. About eleven months after such payment, the plaintiff applied to the defendant for the payment of the premium which had already been paid to the brokers. The policy in question contained among…
1Opinion of the Court
Larremore, Ch. J. —
Of course if there were no other circumstances in the case except the provision of the policy *239above referred to, the plaintiff would have been entitled to recover. But it seems to me that in view of the facts that the plaintiff and the brokers had other business transactions, that it gave the policy to the brokers, and that, without knowledge of their relations, the defendant paid the parties who brought the policy, there was a waiver of the restriction as to the payment to any but an authorized agent. How was the defendant to know that they had no authority to act, or that…
2Cited by4 opinions
- Citizens' Fire Insurance v. SwartzAppellate Terms of the Supreme Court of New York · 1897
- Globe & Rutgers Fire Insurance v. Lesher, Whitman & Co.City of New York Municipal Court · 1926
- Globe & Rutgers Fire Insurance v. Robbins & Myers Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Globe & Rutgers Fire Insurance v. Robbins & Myers Co.Appellate Terms of the Supreme Court of New York · 1904