New York Central Insurance v. National Protection Insurance
New York Supreme Court
THIS was an appeal, by the defendants, from a judgment entered against them at a special term, after a trial at the circuit. The action was upon a policy of reinsurance.
1Opinion of the Court
By the Court, Mason, J.
This is an action upon a policy of reinsurance for $2000, executed by the defendants to the plaintiffs through their agent, Gr. W. Stevens, who was also the agent of the plaintiffs in making the contract of insurance. The risk was selected and the rates of insurance fixed by Stevens, and the question is, whether this action can be maintained upon the policy. It becomes important to inquire whether such a contract, made by an agent who acts as the agent of both parties in making the contract, is absolutely void at common law, or whether it is voidable in a court of law;…
2Cases cited15 opinions
- Jennings v. Chenango Mutual InsuranceNew York Supreme Court · 1846
- Van Epps v. Van EppsNew York Court of Chancery · 1841
- Lightbody v. North American InsuranceNew York Supreme Court · 1840
- General Interest Insurance v. RugglesSupreme Court of the United States · 1827
- James v. M'KernonNew York Supreme Court · 1810
10 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- Viele v. Germania InsuranceSupreme Court of Iowa · 1868
- Sheldon v. . the Atlantic Fire and Marine Insurance Co.New York Court of Appeals · 1863
- Kendrick v. Mutual Benefit Life InsuranceSupreme Court of North Carolina · 1899
- Solomon v. . Continental Fire Ins. Co.New York Court of Appeals · 1899
- Kahn v. Traders InsuranceWyoming Supreme Court · 1893
49 more not listed; retrieve them via the Exa API.