New-York Central Insurance v. National Protection Insurance
New York Court of Appeals
Action oh a policy of insurance against loss by lire The ¿Etna Insurance Company insured A. Y. Smith & Son on their stock in a woolen manufactory, for the sum of $5000 for one year. The plaintiffs insured $2000 of the ¿Etna Company’s risk for the same time.
Read the full summary
Action oh a policy of insurance against loss by lire The ¿Etna Insurance Company insured A. Y. Smith & Son on their stock in a woolen manufactory, for the sum of $5000 for one year. The plaintiffs insured $2000 of the ¿Etna Company’s risk for the same time. The policy on which the present action was brought was a reinsurance by the defendants of the plaintiffs’ risk as- insurers of the ¿Etna Company, The complaint averred the execution of the last mentioned policy by the defendants’ president and secretary, and that George F. Stevens, “ who was and who acted therein as agent of said…
1Opinion of the CourtDenio, C. J.
It appears from the opinion of the supreme court, with which we have been furnished, that no doubt was entertained by the judges of that court but that the contract of insurance upon which this action was brought was invalid, nor but that it ought to have been so held, if the defendants had not committed a fault in pleading, by which, as it is decided, they had lost the advantage of that defence. It appears, however, that all the evidence to show the position which Stevens occupied when he executed the policy of insurance, as the agent of both parties, was received without objection; and that…
2Cases cited3 opinions
- Seth v. CramerCourt for the Trial of Impeachments and Correction of Errors · 1825
- Torrey v. Bank of OrleansNew York Court of Chancery · 1842
- Utica Insurance v. Toledo InsuranceNew York Supreme Court · 1853
3Cited by3 opinions
- Foster v. . PettiboneNew York Court of Appeals · 1852
- Trenholm v. MilesMississippi Supreme Court · 1912
- Jensen v. BowlesSouth Dakota Supreme Court · 1896