Carroll v. Charter Oak Insurance
New York Supreme Court
THIS was an action brought upon a policy of insurance. The cause was tried at the Monroe circuit, before Justice Johnson and a jury. The plaintiff proved the incorporation of the defendant, and that it had power to insure against loss by fire, in this state.
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THIS was an action brought upon a policy of insurance. The cause was tried at the Monroe circuit, before Justice Johnson and a jury. The plaintiff proved the incorporation of the defendant, and that it had power to insure against loss by fire, in this state. That on the 6th of November, 1858, it issued a pohcy of insurance to Burns & Hughes, by which it insured their stock of goods against loss by fire, for one year, in the sum of $1000. That on the 29th of November-, 1858, Burns & Hughes sold the goods to Burns & Vance, and with the consent of the defendant assigned the pohcy to them. That…
1Opinion of the CourtJ. C. Smith, J.
The plaintiff offered to show that at the time when the agent of the defendants received the premium paid by the plaintiff’s assignors for a renewal of their insurance, and in consideration thereof renewed the policy in suit for another year, he was notified of the policies issued by other companies which are now interposed as a defense. The authority of the agent to - renew is not questioned. Indeed the case states that the policy was renewed by the defendants. It seems to me that the defendants having thus by an unequivocal act declared the contract of insurance to be then valid,…
2Cases cited6 opinions
- Frost v. Saratoga Mutual InsuranceNew York Supreme Court · 1848
- Goit v. National Protection InsuranceNew York Supreme Court · 1855
- Bevin v. Connecticut Mutual Life InsuranceSupreme Court of Connecticut · 1854
- Viall v. Genesee Mutual InsuranceNew York Supreme Court · 1854
- Dey v. Poughkeepsie Mutual InsuranceNew York Supreme Court · 1857
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Farnum v. Phoenix InsuranceCalifornia Supreme Court · 1890
- Masonic Mutual Benefit Ass'n v. BeckIndiana Supreme Court · 1881
- Ginsburg v. Bull Dog Auto Fire Insurance Ass'nIllinois Supreme Court · 1928
- Shearman v. . the Niagara Fire Ins. Co.New York Court of Appeals · 1871
- Piedmont & Arlington Life Insurance v. YoungSupreme Court of Alabama · 1877
7 more not listed; retrieve them via the Exa API.