Train v. . Holland Purchase Ins. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of defendant, entered upon an order non-suiting plaintiff. (Reported below, 1 Hun, 527 ; 3 T. & C., 777.) This action was upon a policy of insurance alleged to have been issued by defendant.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of defendant, entered upon an order non-suiting plaintiff. (Reported below, 1 Hun, 527 ; 3 T. & C., 777.) This action was upon a policy of insurance alleged to have been issued by defendant. Defendant denied the issuing of the policy, and alleged a prior insurance of which defendant was not notified and which, by the terms of the policy, rendered it void. It appeared that in 1872 plaintiff had procured a policy upon the property in question in the Andes Insurance…
1Per curiam
The immediate question is, whether the motion for a nonsuit was properly granted, and the proper disposition of it is a matter of some difficulty. It depends upon the fact whether before the fire the plaintiff had so contracted with the defendant as that he was bound to pay the premium.
If we leave out of view the matter of the policy from the Andes company, we think it must be held that the plaintiff was bound. He had authorized Goggin, the agent, to obtain for him insurance in a good company. The jury might have found from Goggin’s testimony that the name of the defendant's company was…
2Cases cited2 opinions
- Ellis v. . Albany City Fire Insurance Co.New York Court of Appeals · 1872
- Excelisor F. Ins. Co. v. . R. Ins. Co. of Liverp'l.New York Court of Appeals · 1873
3Cited by30 opinions
- Crown Point Iron Co. v. Ætna InsuranceNew York Court of Appeals · 1891
- Ormes v. . DauchyNew York Court of Appeals · 1880
- Wytheville Ins. & Banking Co. v. TeigerSupreme Court of Virginia · 1893
- Second National Bank of Elmira v. WestonNew York Court of Appeals · 1900
- Scholz v. Standard Accident InsuranceSupreme Court of Virginia · 1926
25 more not listed; retrieve them via the Exa API.