Chase v. Washington Mutual Insurance Co. of Cincinnati
New York Supreme Court
This was an appeal from a decree entered in favor of the plaintiffs, at special term, on the report of a referee. Wm. James Boggs was the general agent of the defendants for ITew-York and vicinity, with full power from them to effect insurances binding on them, and to deliver policies. He employed 0. W. Bentley, an insurance agent at Albany, to act as the agent of the company at that place, and gave him written instructions indicating his powers.
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This was an appeal from a decree entered in favor of the plaintiffs, at special term, on the report of a referee. Wm. James Boggs was the general agent of the defendants for ITew-York and vicinity, with full power from them to effect insurances binding on them, and to deliver policies. He employed 0. W. Bentley, an insurance agent at Albany, to act as the agent of the company at that place, and gave him written instructions indicating his powers. The plaintiffs were common carriers by the canal, between Albany and Buffalo, by the name of the Western Transportation Company. They needed the use…
1Opinion of the Court
By the Court,
Mitchell, J.
As Boggs does not appeal, the company can not object that he should have had costs on the dismissal of the bill as against him. The plaintiffs now admit that Boggs was a competent witness, and that Bentley was not the general agent of the company, but was only authorized by Boggs to receive applications. This brings us to the point of defense set up by Boggs, and urged upon the argument. Chase & Co. were common carriers, and as such liable for the goods which they had contracted to carry, unless they were destroyed by the act of God, or the enemy of the country. They…
2Cited by5 opinions
- Jackson Co. v. Boylston Mutual InsuranceMassachusetts Supreme Judicial Court · 1885
- Mercantile Mutual Insurance Company v. . CalebsNew York Court of Appeals · 1859
- Savage v. Corn Exchange Fire & Inland InsuranceNew York Court of Appeals · 1867
- Rohrbach v. Ætna InsuranceNew York Supreme Court · 1873
- Sturm v. Atlantic Mutual InsuranceThe Superior Court of New York City · 1874