Bentley v. . the Columbia Insurance Company
New York Court of Appeals
Appeal from the Supreme Court. The action was upon a policy of insurance against fire, which the complaint alleged that the defendant, by its agent, delivered to the plaintiff on the 26th of February, 1848, and bearing date that day.
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Appeal from the Supreme Court. The action was upon a policy of insurance against fire, which the complaint alleged that the defendant, by its agent, delivered to the plaintiff on the 26th of February, 1848, and bearing date that day. Upon the trial at the New-York circuit, before Mr. Justice Edwakds, it was proved that one Whitney was the general agent of the defendant in the city of New-York, furnished with blank policies, under the seal of the defendant, and signed by its president and secretary, to be issued and take effect when countersigned by Whitney; Whitney assumed to appoint…
1Opinion of the Court
Johnson, Ch. J.
Even if, upon the evidence, there was ground to hold that Bentley’s appointment as sub-agent by Whitney was authorized or ratified by the company, as to which I express no opinion, he had not authority to issue a policy, or to make an agreement to issue a policy to himself. This point was adjudged in The New-York Central Insurance Company v. The Protection Insurance Company (14 N. Y., 85). There was, therefore, no contract to insure, nor anything tending towards a contract, except a bare application for insurance, before the loss had actually taken place. The agent in New-York…
2Cases cited1 opinion
- New-York Central Ins. Co. v. . National Protection Ins. Co.New York Court of Appeals · 1856
3Cited by12 opinions
- Alabama Gold Life Insurance v. MayesSupreme Court of Alabama · 1878
- Hopkins v. Phoenix Fire InsuranceCourt of Appeals of Kentucky · 1923
- Arispe Mercantile Co. v. Capital InsuranceSupreme Court of Iowa · 1907
- Western Indemnity Co. v. Indus. Acc. Com.California Supreme Court · 1920
- Weatherholt v. National Liberty InsuranceCourt of Appeals of Kentucky · 1924
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