Wood v. Poughkeepsie Mutual Insurance
New York Court of Appeals
The action was on a policy of insurance, bearing date on the 2d of August, 1855, and covering property of the plaintiff in Williamsburgh, which was destroyed sixteen days afterward by fire. The defense was, that the policy never became an operative instrument; that it was not accepted by the plaintiff; that it provided, in terms, that the instrument should not be binding upon the company until the payment of the premium, and that the premium was never paid.
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The action was on a policy of insurance, bearing date on the 2d of August, 1855, and covering property of the plaintiff in Williamsburgh, which was destroyed sixteen days afterward by fire. The defense was, that the policy never became an operative instrument; that it was not accepted by the plaintiff; that it provided, in terms, that the instrument should not be binding upon the company until the payment of the premium, and that the premium was never paid. The cause was-tried at the Kings County Circuit in June, 1859, before Mr. Justice Lott, and the plaintiff was nonsuited. On his…
1Opinion of the Court
Boggs was a general agent of the company. If he had waived the condition of prepayment, the insurers would have been bound by his act, though it was in violation of their private instructions. The law would have implied such waiver if the policy had been delivered by the agent without requiring payment of the premium, and had been accepted by the plaintiff as a complete and executed contract. The company would have been held to its engagement, and the assured would have been liable for the premium, notwithstanding the acknowledgment of payment on the face of the paper.
But there was no such…
2Cases cited1 opinion
- Sheldon v. . the Atlantic Fire and Marine Insurance Co.New York Court of Appeals · 1863
3Cited by27 opinions
- Farnum v. Phoenix InsuranceCalifornia Supreme Court · 1890
- American Employers' Liability Insurance v. FordyceSupreme Court of Arkansas · 1896
- Boehen v. . Williamsburgh Insurance Co.New York Court of Appeals · 1866
- Michigan Pipe Co. v. Michigan Fire & Marine InsuranceMichigan Supreme Court · 1892
- Stewart v. . Union Mutual Life Ins. Co.New York Court of Appeals · 1898
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