Bunten v. Orient Mutual Insurance
The Superior Court of New York City
Appeal from a judgment in favor of the plaintiff, entered upon the decision of Mr. Justice Moncrief, before whom the cause was tried without a Jury.
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Appeal from a judgment in favor of the plaintiff, entered upon the decision of Mr. Justice Moncrief, before whom the cause was tried without a Jury. The main facts from which the controversy arises are as follows: The defendants, a Marine Insurance Company in New York, employed McLimont as their agent in Quebec, under a letter of authority dated December 14th, 1854. The agent, McLimont, did not issue policies to parties; they were always issued by the Company in New York upon his returns of risks agreed to by him. The plaintiff in the end of September, or beginning of October, 1855, made an…
1Opinion of the Court
By the Court—Woodruff, J.
The testimony of James Bunten, Jr., given on the trial, was to the effect that at ór about the 1st of October, 1855, he applied to the agent of the defendants, in Quebec, for insurance on a cargo of lumber in process of being laden on board the barque Azoff. That the agent gave him a tariff of rates of premium varying Avith the days named therein for the sailing of vessels, doivn to the tenth of November, and said that the premium of insurance would be according to *452those rates. That he then agreed to the insurance at those rates, and the agent told him to consider the…
2Cited by2 opinions
- Kelly v. Commonwealth Insurance of PennsylvaniaThe Superior Court of New York City · 1862
- Solms v. Rutgers Fire InsuranceNew York Court of Appeals · 1867