Boehen v. . Williamsburgh Insurance Co.
New York Court of Appeals
Appeal from the judgment of the Supreme Court at General Term, affirming the judgment entered upon report of a referee, in the City Court of Brooklyn. The plaintiffs, heirs-at-law of Henry Boehen, deceased, brought this action to recover the loss by fire of two houses in Brooklyn, under a policy of insurance and a certificate of renewal given by the defendant for their benefit.
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Appeal from the judgment of the Supreme Court at General Term, affirming the judgment entered upon report of a referee, in the City Court of Brooklyn. The plaintiffs, heirs-at-law of Henry Boehen, deceased, brought this action to recover the loss by fire of two houses in Brooklyn, under a policy of insurance and a certificate of renewal given by the defendant for their benefit. The original policy insured the plaintiffs from Nov. 26,1856, to Nov. 26, 1857. The policy provided that the insurance (the risk not being changed) might be continued for such further time as should be agreed upon,…
1Opinion of the CourtMorgan, J.
The case is not made up in such a form as to present any question for review except the question arising out of the refusal of the referee to order a nonsuit; and this question requires the court to examine the evidence relied upon to show a waiver of one of the conditions of the policy of insurance, which provides, in express terms, that “ no insurance, whether original or continued, shall be considered as binding until the actual payment of the premium.” This clause, in policies of insurance, has been before the court in several cases, and has received a judicial construction which leaves…
2Cases cited4 opinions
- Trustees of the First Baptist Ch. v. . Brooklyn Fire Ins.New York Court of Appeals · 1859
- Sheldon v. . the Atlantic Fire and Marine Insurance Co.New York Court of Appeals · 1863
- Goit v. National Protection InsuranceNew York Supreme Court · 1855
- Wood v. Poughkeepsie Mutual InsuranceNew York Court of Appeals · 1865
3Cited by43 opinions
- American Employers' Liability Insurance v. FordyceSupreme Court of Arkansas · 1896
- Griffith v. N.Y. Life Ins. Co.California Supreme Court · 1894
- Miner v. Phœnix InsuranceWisconsin Supreme Court · 1871
- Muhleman v. National Insurance Co.West Virginia Supreme Court · 1873
- Wytheville Ins. & Banking Co. v. TeigerSupreme Court of Virginia · 1893
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