Wolfe v. . Security Fire Ins. Co.
New York Court of Appeals
This was an action on a policy of insurance upon a stock of watches and jewelry in a retail store, issued to John Engleheart. The Plaintiff secured a verdict. The General Term affirmed .the judgment thereon, and the Defendants now appeal to this Court. The policy was dated April 18, 1860, and was issued by .Owen Gaffney & Co., as the agents of the Defendants.
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This was an action on a policy of insurance upon a stock of watches and jewelry in a retail store, issued to John Engleheart. The Plaintiff secured a verdict. The General Term affirmed .the judgment thereon, and the Defendants now appeal to this Court. The policy was dated April 18, 1860, and was issued by .Owen Gaffney & Co., as the agents of the Defendants. On the 16th of May, 1860, Engleheart sold and transferred the insured property to one Stupp, who immediately thereafter transferred the same to Margaretta, wife of John Engleheart. In July, 1860, Gaffney & Co. gave a written consent to…
1Opinion of the Court
Hunt, Ch. J.
The Defendants object to the evidence that the company assented to the transfer to Margaretta, for the reason that it did not appear that Gaffney & Go. had authority to bind the Defendants by the execution of such a paper.
It is unnecessary to examine the question whether Gaffney & Co. were authorized to give this consent. It was given in evidence on the trial as the act of the Defendants, and passed, and was acted upon throughout the trial, as the act of the Defendants, by these their agents. The Defendants raised no question of the authority, but themselves assumed it to have…
2Cases cited2 opinions
- Winans v. . PeeblesNew York Court of Appeals · 1865
- Hooper v. . the Hudson River Fire Insurance CompanyNew York Court of Appeals · 1858
3Cited by12 opinions
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- Quarrier v. Peabody Insurance Co.West Virginia Supreme Court · 1877
- Benninghoff v. . Agricultural Ins. Co.New York Court of Appeals · 1883
- Antell v. PEARL ASSURANCE CO. LTD.Supreme Court of Minnesota · 1958
- Mehlhop v. PettiboneWisconsin Supreme Court · 1882
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