More v. New York Bowery Fire Insurance
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made February 11, 1890, which affirmed a judgment in favor of plaintiffs, entered upon the report of a referee. This action was brought to recover upon an alleged paroi contract to insure the plaintiffs creamery building in Delaware county for the term of six months from May 12 to November 12, 1887. The defendant denied the making of the contract.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made February 11, 1890, which affirmed a judgment in favor of plaintiffs, entered upon the report of a referee. This action was brought to recover upon an alleged paroi contract to insure the plaintiffs creamery building in Delaware county for the term of six months from May 12 to November 12, 1887. The defendant denied the making of the contract. It appeared that Omar V. Sage was the secretary of the Co-operative Insurance Company, a corporation engaged in the insurance…
1Opinion of the CourtBrown, J.
The question presented in this ease is whether there was a contract for insurance between the parties and it may be said that if such a contract existed at any time subse. quent to May twelfth it had not been rescinded or annulled at the time of the fire.
If there was a contract it grows out of the acts of the agent Sage and his subordinate Nichols, which are binding upon the defendant notwithstanding the fact that it promptly refused to accept' the risk or issue a policy when the application was presented to it.
An agent of a fire insurance company having unrestricted authority to accept…
2Cases cited5 opinions
- Titus v. . Glens Falls Insurance CompanyNew York Court of Appeals · 1880
- Bodine v. . Exchange Fire Ins. Co.New York Court of Appeals · 1872
- Ellis v. . Albany City Fire Insurance Co.New York Court of Appeals · 1872
- Haskin v. Agricultural Fire InsuranceSupreme Court of Virginia · 1884
- Winnesheik Insurance v. HolzgrafeIllinois Supreme Court · 1870
3Cited by56 opinions
- In Re the Arbitration Between Albrecht Chemical Co. & Anderson Trading Corp.New York Court of Appeals · 1949
- Austin Fire Ins. Co. v. Adams-Childers Co.Texas Commission of Appeals · 1923
- Matter of Tanenbaum Textile Co. v. SchlangerNew York Court of Appeals · 1942
- Denson v. Kirkpatrick Drilling Co.Supreme Court of Alabama · 1932
- Diarassouba v. UrbanAppellate Division of the Supreme Court of the State of New York · 2009
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