Legal Opinion

Plumb v. . Cattaraugus Co. Mutual Insurance Company.

New York Court of Appeals

Decided December 5, 1858PublishedCited by 91 opinions

Appeal from the Supreme Court. The action in this case was like that in the preceding one of Brown v. The same defendant {ante, p. 385). The plaintiff was the assignee of one Henry, to whom a policy had been issued upon an application filled out by Ide, the surveyor and agent mentioned in the two preceding cases, and in the same form there described.

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Appeal from the Supreme Court. The action in this case was like that in the preceding one of Brown v. The same defendant {ante, p. 385). The plaintiff was the assignee of one Henry, to whom a policy had been issued upon an application filled out by Ide, the surveyor and agent mentioned in the two preceding cases, and in the same form there described. Upon the trial, which was before Mr. Justice Johnson, the defendant proved that there were several buildings situated within less than ten rods of the property insured, and which exposed it to injury and loss by fire, which were not mentioned in…

1Opinion of the CourtPratt, J.

As no point was made upon the trial or upon this appeal that the agent Ide was not clothed with all tñe power which he professed to have, it may be assumed that what he did in making the survey and measurements and in filling out the application was strictly within the line' of his duty as surveyor and agent of the company. If, therefore, he acted within the scope of his authority in making these surveys and measurements and in preparing the applications, I do not see why the question is not the same in principle as if the same thing had been done by the company itself. Suppose an individual…

2Cases cited1 opinion

  1. Welland Canal Co. v. HathawayNew York Supreme Court · 1832

3Cited by91 opinions

  1. Northern Assurance Co. v. Grand View Building Assn.Supreme Court of the United States · 1902
  2. Lux v. HagginCalifornia Supreme Court · 1886
  3. Viele v. Germania InsuranceSupreme Court of Iowa · 1868
  4. Van Schoick v. . Niagara Fire Ins. Co.New York Court of Appeals · 1877
  5. Rowley v. . the Empire Insurance Co.New York Court of Appeals · 1867

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