Williams v. Balzano

On or about November 4, 1932, the defendant authorized Vincenzo Marrone, an insurance broker of the city of Utica, to procure a policy of insurance covering his Ford truck both as to public liability and property damage. Marrone procured the policy of insurance from the plaintiff, who was an agent for the Continental Casualty Company. The policy was delivered to Marrone by the plaintiff, and in turn delivered by Marrone to the defendant. About three months later, the defendant claims he returned the policy to Marrone for cancellation. Marrone claims that the policy was returned to him by the…