Bennett v. Maryland Fire Ins.
U.S. Circuit Court for the District of Northern New York
[At law. Action by George Bennett and others, administrators of Morris Bennett, deceased, against the Maryland Fire Insurance Company, on a fire insurance policy. Defendant moves after verdict for a new trial.
1Opinion of the Court
WALLACE, District Judge.
This is a motion for a new trial by the defendant. None of the objections urged to the recovery are tenable.
First. Hamlin was the agent of the defendant, authorized to make insurance and deliver policies. The assured paid the premium to a broker, and Hamlin, knowing of the payment, accepted the responsibility of the broker, by an agreement with him, in lieu of the money paid by the insured. The assured, subsequently desiring to build an addition, which would increase the risk, applied to Hamlin to endorse a consent. Hamlin informed the assured that he would have to…
2Cases cited4 opinions
- Trustees of the First Baptist Ch. v. . Brooklyn Fire Ins.New York Court of Appeals · 1859
- Bodine v. . Exchange Fire Ins. Co.New York Court of Appeals · 1872
- Goit v. National Protection InsuranceNew York Supreme Court · 1855
- Kessel v. AlbetisNew York Supreme Court · 1870
3Cited by5 opinions
- Rau v. Westchester Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1900
- Leader Realty Co. v. MarkhamMissouri Court of Appeals · 1912
- Timayenis v. Union Mutual Life Ins.U.S. Circuit Court for the District of Southern New York · 1884
- Ball & Sage Wagon Co. v. Aurora Fire & Marine Ins.U.S. Circuit Court for the District of Indiana · 1884
- Wilson & Toomer Fertilizer Co. v. Automobile Ins.District Court, S.D. Florida · 1922