Ruggles v. American Central Insurance Co. of St. Louis
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 23, 1886, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 23, 1886, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. This action was brought on a contract of tire insurance upon a building in the city of Brooklyn owned by plaintiff, alleged to have been made by one Barker, on behalf of plaintiff, with Sedgwick & Hammond, defendant’s agents. The facts, so far as material, are stated in the opinion. It is the business of the party dealing with a…
1Opinion of the CourtBrown, J.
The court properly submitted to the consideration of the jury the' question whether there was a binding .agreement for insurance, between the plaintiff’s broker and the firm of Sedgwick & Hammond.
The testimony of the witness Barker was positive that the agreement was full and complete. Written application for the insurance, specific in all its details, had been filed with Sedgwick & Hammond, and the premium upon the risk "was agreed upon, and there was evidence that the usage of the business was to Extend a credit to the broker for the premium until the end of the month. As to the oral…
2Cases cited4 opinions
- Walsh v. . Hartford Fire Insurance Co.New York Court of Appeals · 1878
- Ellis v. . Albany City Fire Insurance Co.New York Court of Appeals · 1872
- Lightbody v. North American InsuranceNew York Supreme Court · 1840
- Angell v. . Hartford Fire Ins. Co.New York Court of Appeals · 1874
3Cited by29 opinions
- Kirschner v. KPMG LLPNew York Court of Appeals · 2010
- Hicks v. British America Assurance Co.New York Court of Appeals · 1900
- Atlantic Casualty Insurance v. Value Waterproofing, Inc.District Court, S.D. New York · 2013
- Manchester v. . Guardian Assurance Co.New York Court of Appeals · 1896
- Western Assurance Co. v. McAlpinIndiana Court of Appeals · 1899
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