Trustees of First Baptist Church v. Brooklyn Fire Insurance
New York Supreme Court
On the 22d of July, 1845, the defendants insured the plaintiffs’ church against fire for one year, to the amount of §5000. The policy was not delivered on that day, nor was any memorandum given, or premium paid; but a verbal agreement was made between the agents of both parties, that the church should be considered insured, and that the policy should be made out, and the premium paid in a convenient time afterwards.
Read the full summary
On the 22d of July, 1845, the defendants insured the plaintiffs’ church against fire for one year, to the amount of §5000. The policy was not delivered on that day, nor was any memorandum given, or premium paid; but a verbal agreement was made between the agents of both parties, that the church should be considered insured, and that the policy should be made out, and the premium paid in a convenient time afterwards. The policy contained a provision that the insurance might be continued for such further term as might be agreed on, the premium being paid and indorsed on the policy, or a receipt…
1Opinion of the Court
By the Court, Mitchell, P. J.
The defendants, by a policy of insurance dated August 9, 1845, insured the church edifice of the plaintiffs from loss by fire from the 22d of July, 1845, to July 22, 1846, with a clause that the insurance might be continued, provided the premium should be paid and indorsed on the policy, or a receipt given for it, and that no insurance should be binding until the actual payment of the premium. The application for insurance was made to the company in July, 1845. They said they would take a risk, and that the plaintiffs might consider their building insured. The…
2Cited by9 opinions
- Farnum v. Phoenix InsuranceCalifornia Supreme Court · 1890
- American Employers' Liability Insurance v. FordyceSupreme Court of Arkansas · 1896
- Home Insurance v. AdlerSupreme Court of Alabama · 1882
- Miller v. AldrichMichigan Supreme Court · 1875
- Shank v. Glens Falls InsuranceAppellate Division of the Supreme Court of the State of New York · 1896
4 more not listed; retrieve them via the Exa API.