Gordon v. Church
New York Supreme Court
Assumpsit on a policy of insurance. The plaintiff and his deceased partner were brokers, and effected the policy in question without naming the party interested, and describing themselves as brokers only by the customary marginal insertion of their names as such. It was, however, generally known, among the underwriters, that this, and several other policies on the same risk, were on account of a charitable association in Scotland, the trustees for whom had given the orders.
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Assumpsit on a policy of insurance. The plaintiff and his deceased partner were brokers, and effected the policy in question without naming the party interested, and describing themselves as brokers only by the customary marginal insertion of their names as such. It was, however, generally known, among the underwriters, that this, and several other policies on the same risk, were on account of a charitable association in Scotland, the trustees for whom had given the orders. In March, 1802, the plaintiff and his partner made a composition with their, creditors for fifteen shillings in the…
1Opinion of the Court
Per Guriam.
No set-off can be allowed in this case.(a) The suit is on a policy which the plaintiff effected, as a mere trustee, for a charitable society in Scotland, and the case warrants us in concluding this was known to the defendant when he subscribed the policy.
Judgment for the plaintiff.
See ante, 34, Brown v. Owning, n. (a.)
2Cited by2 opinions
- Hurlbert v. Pacific Ins. Co.U.S. Circuit Court for the District of Massachusetts · 1837
- Aldrich v. Equitable Safety Ins.U.S. Circuit Court for the District of Massachusetts · 1846