Winne v. . Niagara Fire Ins. Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the third judicial department, entered upon an order made November 23, 1881, which affirmed a judgment in favor of plaintiffs, entered upon a verdict. This action was upon an alleged contract of insurance.
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Appeal from order of the General Term of the Supreme Court, in the third judicial department, entered upon an order made November 23, 1881, which affirmed a judgment in favor of plaintiffs, entered upon a verdict. This action was upon an alleged contract of insurance. For some years previous to July 1, 1876, defendant had insured a hotel known as the “ Eagle Hotel,” belonging to plaintiff, Henry W. Winne, upon which was a mortgage executed by him to his co-plaintiff, Benjamin J. Winne. The policies were each for one year and for $2,000; the last one expired at the date above mentioned. ' The…
1Opinion of the Court
Akdbews, Gh. J.
The jury found that there was an unconditional agreement on the part of Fredenburgh, to reinsure to the amount of $1,000, and the claim of the defendant that there was no completed contract of insurance, rests upon the fact that the rate of premium and the duration of the risk, were not specified when the agreement was made. There can be no doubt that these are essential elements of a contract of insurance, and if there was no meeting of minds of the parties upon these particulars, the contract of insurance was not consummated, and the matter stood as a mere negotiation,…
2Cases cited2 opinions
- Herrman v. . Merchants' Insurance Co.New York Court of Appeals · 1880
- Boynton v. Clinton & Essex Mutual InsuranceNew York Supreme Court · 1853
3Cited by24 opinions
- Palmer Savings Bank v. Insurance Co. of North AmericaMassachusetts Supreme Judicial Court · 1896
- Hathaway v. Orient InsuranceNew York Court of Appeals · 1892
- Chandos v. American Fire InsuranceWisconsin Supreme Court · 1893
- Lewis v. Guardian Fire & Life Assurance Co. of London, EnglandNew York Court of Appeals · 1905
- Western Assurance Co. v. McAlpinIndiana Court of Appeals · 1899
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