Cortis v. Van Derveer
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Twelfth District. Action by Arthur E. Cortis and another against William Van Derveer. From a Municipal Court judgment in favor of defendant, plaintiffs appeal.
1Opinion of the CourtScott, J.
Even if we assume, without deciding, that defendant became personally bound to pay the premiums, and that the contract of insurance was valid and enforceable, 'no right of action: is shown in plaintiffs. They were merely brokers acting as agents for some foreign insurance companies. The premiums constituted *744the consideration for the contract of insurance. That contract'was between the foreign insurance companies and the railway company, and the premiums became due, not to the brokers, but to the companies who became the insurers. Whatever claim there is consists of the 'claim of these…
2Cited by1 opinion
- Whatley v. Johnson-Rast & Hays, Inc.Alabama Court of Appeals · 1960