Fried v. . Royal Insurance Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of plaintiff entered upon the report of a referee. This action was brought upon an alleged contract of life insurance. Defendant is a foreign corporation having an office and doing business in the city of Hew York.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of plaintiff entered upon the report of a referee. This action was brought upon an alleged contract of life insurance. Defendant is a foreign corporation having an office and doing business in the city of Hew York. Plaintiff applied to its agent there for an insurance upon the life of her husband; presented a proposal and paid the premium and received the following receipt: “The Royal Insurance Company of Liverpool, Hew York Agency, 19th December, 1864.—Received from…
1Opinion of the Court
Church, Ch. J.
There is no dispute that the agent had authority to make the precise contract which he did make with the plaintiff, and the acceptance of the proposition contained in it by the defendants is conclusive of their assent to the exercise of such authority in their behalf.
The terms of the contract are too clear for construction. It contains a proposition on the part of the plaintiff for insurance of the life of her husband, for which she advanced the usual premium for one year. The defendants, by their agent, agreed that if the proposition was accepted at their head office in…
2Cases cited4 opinions
- Mactier's Administrators v. FrithCourt for the Trial of Impeachments and Correction of Errors · 1830
- Lightbody v. North American InsuranceNew York Supreme Court · 1840
- Trevor v. . WoodNew York Court of Appeals · 1867
- Perkins v. Washington InsuranceCourt for the Trial of Impeachments and Correction of Errors · 1825
3Cited by18 opinions
- Unterharnscheidt v. Missouri State Life InsuranceSupreme Court of Iowa · 1912
- Pratt v. . D.H.M.F. Ins. Co.New York Court of Appeals · 1891
- Pratt v. Dwelling House Mutual Fire InsuranceNew York Court of Appeals · 1891
- Jones v. Metropolitan Life InsuranceAppellate Terms of the Supreme Court of New York · 1936
- Morford v. California Western States Life InsuranceOregon Supreme Court · 1941
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