Spitzer v. St. Mark's Insurance
The Superior Court of New York City
Motioh for judgment upon a verdict in favor of the plaintiff, taken under direction of the court, upon a case to be made, to be heard in the first instance at General Term.
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Motioh for judgment upon a verdict in favor of the plaintiff, taken under direction of the court, upon a case to be made, to be heard in the first instance at General Term. On the 26th of October, 1853, the defendants, an incorporated fire insurance company, executed a policy to the plaintiff’s assignor, Julius Englemans, by which they insured him in the sum of $800, “ against all such loss and damage as should happen by fire, or in consequence thereof, to his merchandise or store fixtures, seven hundred and sixty dollars, of the said sum of $800, to be on his said merchandise, and the…
1Opinion of the CourtHoffman, J.
The material question in the case is, whether any agreement for a transfer of the risk to the goods of the store in Grand-street, other than an agreement in writing, could be binding upon the company.
It must be conceded that there could not be any valid original agreement to insure, by parol, to bind this company, however definite and however well proven. The case in the Court of Appeals of The Baptist Church v. The Brooklyn Insurance Co. settles definitely that a corporation authorized to make insurances in writing, cannot make them in any other manner. The opinion of Chief-Justice Marshall…
2Cases cited4 opinions
- Head & Amory v. Providence Ins. Co.Supreme Court of the United States · 1804
- Trustees of First Baptist Church v. Brooklyn Fire InsuranceNew York Supreme Court · 1854
- Dow v. Hope InsuranceThe Superior Court of New York City · 1828
- Davies v. Davies'sU.S. Circuit Court for the District of District of Columbia · 1814