Legal Opinion
Trustees of the First Baptist Ch. v. . Brooklyn Fire Ins.
New York Court of Appeals
Decided June 5, 1859PublishedCited by 131 opinions
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The alleged agreement on which the suit is founded was to renew a policy of insurance from year to year in consideration of a premium to be annually paid, either party being at liberty to give notice at any time that the arrangement would not be continued. Such an agreement, although not in writing, is not void by the statute of frauds, on the ground that "by its terms it is not to be performed within one year from the making thereof." (2 R.S., 135, § 2.) It is…
2Cases cited5 opinions
- Commercial Mutual Marine Insurance v. Union Mutual Insurance Co.Supreme Court of the United States · 1857
- Barnes v. . Ontario BankNew York Court of Appeals · 1859
- Moore v. FoxNew York Supreme Court · 1813
- Bulkley v. Derby Fishing Co.Supreme Court of Connecticut · 1817
- Plimpton v. CurtissNew York Supreme Court · 1836
3Cited by131 opinions
- South Cherry Street, LLC v. Hennessee Group LLCCourt of Appeals for the Second Circuit · 2009
- D & N Boening, Inc. v. Kirsch Beverages, Inc.New York Court of Appeals · 1984
- North Shore Bottling Co. v. C. Schmidt & Sons, Inc.New York Court of Appeals · 1968
- Viele v. Germania InsuranceSupreme Court of Iowa · 1868
- Van Schoick v. . Niagara Fire Ins. Co.New York Court of Appeals · 1877
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