American Cent. Insurance v. Hagerty
New York Supreme Court
Appeal from, circuit court, Chenango county. Action by American Central Insurance Company against John B. Hagerty and another for damages from defendants’ failure to cancel a fire insurance policy as instructed. From a judgment entered on a verdict in favor of plaintiff for $1,056.71, and from an order denying a motion for a new trial made on the minutes, defendants appeal.
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Appeal from, circuit court, Chenango county. Action by American Central Insurance Company against John B. Hagerty and another for damages from defendants’ failure to cancel a fire insurance policy as instructed. From a judgment entered on a verdict in favor of plaintiff for $1,056.71, and from an order denying a motion for a new trial made on the minutes, defendants appeal. Plaintiff is a foreign corporation, haying its principal place of business in the state of Missouri, and duly authorized to transact business in this state as a fire insurance company. Defendants were its local agents at…
1Opinion of the CourtHardin, P. J.
While considering the refusal of the court to submit any question of fact to the jury, we must give the appellants the benefit of any evidence which would have justified the jury in finding favorably to the defendants, and, in that connection, to any and all inferences that might legitimately be drawn from the evidence produced. McNally v. Insurance Co., 137 N. Y. 389, 33 N. E. 475. Appellants were local agents of the plaintiff at Plattsburgh, acting under a written commission, and as such they issued the plaintiff’s policy to the insured, which contained a provision, viz., “This policy shall…
2Cases cited4 opinions
- Titus v. . Glens Falls Insurance CompanyNew York Court of Appeals · 1880
- McNally v. Phœnix InsuranceNew York Court of Appeals · 1893
- Cairnes v. BleeckerNew York Supreme Court · 1815
- Cox v. . PearceNew York Court of Appeals · 1889
3Cited by5 opinions
- Phoenix Insurance v. SeegersSupreme Court of Alabama · 1915
- St. Paul Fire & Marine Insurance v. BiggerSupreme Court of Kansas · 1919
- American Central Insurance v. HagertyNew York Supreme Court · 1897
- Phoenix Insurance v. ThomasWest Virginia Supreme Court · 1927
- Smith v. BabcockAppellate Division of the Supreme Court of the State of New York · 1896