Hauser v. North British & Mercantile Insurance
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 26, 1912, in favor of plaintiff upon the submission of a controversy under section 1279 of the Code of Oivil Procedure. The nature of the controversy and the facts, so far as material, are stated in the opinion. The obtaining of a certificate from the superintendent of insurance was a condition precedent to any recovery by the plaintiff.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 26, 1912, in favor of plaintiff upon the submission of a controversy under section 1279 of the Code of Oivil Procedure. The nature of the controversy and the facts, so far as material, are stated in the opinion. The obtaining of a certificate from the superintendent of insurance was a condition precedent to any recovery by the plaintiff. (L. 1912, ch. 1; Johnston v. Dahlgren, 166 N. Y. 354; Wood & Selick v. Ball, 190 N. Y. 217.) The legislature may properly enact statutes which…
1Opinion of the CourtGray, J.
From the facts, which were agreed upon by the parties, in the submission of their controversy, it appears that the plaintiff was a lawyer and, in connection with the practice of the law, had, for some years, carried on the business of an insurance broker. He held what is termed a “first class broker’s certificate,” which had been issued to him by the New York Fire Insurance Exchange; an organization formed by certain fire insurance underwriters. This certificate entitled him to receive commissions, or brokerage, as a fire insurance broker, to be paid by the members of the exchange, of which…
2Cases cited3 opinions
- People v. . GillsonNew York Court of Appeals · 1888
- People v. . RingeNew York Court of Appeals · 1910
- Johnston v. . DahlgrenNew York Court of Appeals · 1901
3Cited by40 opinions
- Lincoln Trust Co. v. Williams Building Corp.New York Court of Appeals · 1920
- People v. . Beakes Dairy Co.New York Court of Appeals · 1918
- San Miguel Lorenzana v. Estado Libre Asociado de Puerto RicoSupreme Court of Puerto Rico · 1993
- Trio Distributor Corp. v. City of AlbanyNew York Court of Appeals · 1957
- Wasmuth v. AllenNew York Court of Appeals · 1964
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