Lightbody v. North American Insurance
New York Supreme Court
This was an action on a policy of insurance tried at the Oneida circuit in October, 1838, before the Hon. Philo Gridley, one of the circuit judges. The plaintiff claimed that the defendants, on the 30th March, 1837* insured against fire, four wooden stores belonging to him, situate in Utica* for the term of one year, and underwrote the sum of $2,000 ; and that on the next day the stores were wholly consumed by fire.
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This was an action on a policy of insurance tried at the Oneida circuit in October, 1838, before the Hon. Philo Gridley, one of the circuit judges. The plaintiff claimed that the defendants, on the 30th March, 1837* insured against fire, four wooden stores belonging to him, situate in Utica* for the term of one year, and underwrote the sum of $2,000 ; and that on the next day the stores were wholly consumed by fire. The plaintiff produced a policy bearing date 30 th March, 1837, signed by the president and secretary of the North American Insurance Cpmpany, and purporting to be countersigned…
1Opinion of the CourtBronson, J.
By the Court, Without intending to intimate any opinion on a question which may be made between the principals and their agent, I shall assume, for all the purposes of this case, that the agent departed from his instructions in taking a risk at Utica. This hypothesis will not aid the defendants. Hayner was a general agent for effecting insurances on behalf of the company, and acted within the general scope of his authority in taking this risk. Although he must answer to his principals for departing from their private instructions, he clearly bound them so far as third persons, dealing with…
2Cited by46 opinions
- City of Davenport v. Peoria Marine & Fire InsuranceSupreme Court of Iowa · 1864
- Insurance Co. v. ColtSupreme Court of the United States · 1875
- New York Central Insurance v. National Protection InsuranceNew York Supreme Court · 1854
- Ebasco Services Inc. v. Pennsylvania Power & Light Co.District Court, E.D. Pennsylvania · 1975
- Home Insurance v. AdlerSupreme Court of Alabama · 1882
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