Globe & Rutgers Fire Insurance v. Robbins & Myers Co.
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment of the Municipal Court of the city of New York, second district, borough of Manhattan, in favor of the plaintiff.
1Opinion of the CourtGreenbaum, J.
The action was brought to recover the premium upon a policy of insurance issued by the plaintiff to the defendant on the 5th day of'June, 1902, for one year. The defense was payment of the premium to one Carroll, the broker by whom the application for the policy had been made and to whom the plaintiff had delivered the policy, and who in turn delivered it to the defendant’s broker in Ohio, where defendant then resided. After receipt of the premium by Carroll, less the commission deducted by the defendant’s resident broker, Carroll absconded without making payment of said premium to plaintiff.
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2Cases cited2 opinions
- Citizens' Fire Insurance v. SwartzAppellate Terms of the Supreme Court of New York · 1897
- Greenwich Insurance v. Union Dredging Co.New York Court of Common Pleas · 1887
3Cited by2 opinions
- Globe & Rutgers Fire Insurance v. Lesher, Whitman & Co.City of New York Municipal Court · 1926
- Policy Funding Corp. v. Kings County Lafayette Trust Co.Appellate Division of the Supreme Court of the State of New York · 1972