McLean v. Republic Fire Insurance
New York Supreme Court
This action was brought to recover the amount insured by the defendant upon the plaintiffs’ steamer Columbus. The insurance was $2,500, and was effected by policy of the defendants, No. 8,039, at Troy, through their agents there, B. A. Tillinghast & Son, on the 28th of February, 1866, to continue for one year from that date.
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This action was brought to recover the amount insured by the defendant upon the plaintiffs’ steamer Columbus. The insurance was $2,500, and was effected by policy of the defendants, No. 8,039, at Troy, through their agents there, B. A. Tillinghast & Son, on the 28th of February, 1866, to continue for one year from that date. On the 25th of February, 1867, Rogers, of Troy, also an insurance agent, through whom the plaintiffs effected all their insurances, not only on the Columbus, but on their other steamboat property, went to B. A. Tillinghast & Son and procured from them, for the plaintiffs,…
1Opinion of the Court
By the Court —
Ingalls, P. J.
It is very clear that there was a valid renewal, by the defendant, of the policy in question ; and hence the important question is, whether such policy7 was canceled previous to the fire and subsequent to the renewal. There is some conflict between the agents of the *425plaintiffs and defendant, in their evidence in regard to the transaction, and it was the province of the jury to settle that question, and we must assume that they found the facts favorably to the plaintiffs. The defendant negotiated with the plaintiffs through Messrs. Tillinghast & Son, who were the…
2Cases cited4 opinions
- Trustees of the First Baptist Ch. v. . Brooklyn Fire Ins.New York Court of Appeals · 1859
- Boehen v. . Williamsburgh Insurance Co.New York Court of Appeals · 1866
- Goit v. National Protection InsuranceNew York Supreme Court · 1855
- Carroll v. Charter Oak InsuranceNew York Supreme Court · 1863
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- Hodge v. Security InsuranceNew York Supreme Court · 1884