Benedict v. Security Insurance
Appellate Division of the Supreme Court of the State of New York
' Appeal by the plaintiffs, Seelye Benedict and others, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 8th day of March, 1911, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 2d day of March, 1911, denying the plaintiffs’ motion for a new trial made upon the minutes.
1Opinion of the Court
Scott, J.:
The plaintiffs appeal from a judgment entered upon the verdict of a jury and from an order denying a motion for a new trial. The action is upon a policy of fire insurance. There is no substantial dispute as to the facts.
The plaintiffs were the insurance brokers for the National Wire-Bound Box Company, having entire charge of and full authority concerning the insurance business of that company. Among other duties, in case of" cancellation of policies, they replaced the policies or arranged for their replacement without specific instructions from the box company as to the companies…
2Cases cited3 opinions
- Waring v. . the Indemnity Fire Ins. Co.New York Court of Appeals · 1871
- Hermann v. Niagara Fire InsururanceNew York Court of Appeals · 1885
- Partridge v. Milwaukee Mechanics' InsuranceAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by5 opinions
- Home Ins. Co. v. ShrinerSupreme Court of Alabama · 1937
- Hendricks v. Continental InsuranceSuperior Court of Pennsylvania · 1935
- Rose Inn Corp. v. National Union Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1930
- Alliance Ins. Co. v. Continental Gin Co.Court of Appeals of Texas · 1925
- Benedict v. Security InsuranceAppellate Division of the Supreme Court of the State of New York · 1913