Legal Opinion

American Steam Boiler Insurance v. Anderson

New York Court of Appeals

Decided December 1, 1891PublishedCited by 12 opinions

Cboss-appeals from judgment of the G-eneral Term of the Superior Court of the city of Hew York, entered upon an order made June 6, 1889, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court and affirmed an order denying a motion for a new trial.

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Cboss-appeals from judgment of the G-eneral Term of the Superior Court of the city of Hew York, entered upon an order made June 6, 1889, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court and affirmed an order denying a motion for a new trial. In June, 1884, by an instrument executed by the parties, the plaintiff appointed the defendants as its managers and general agents for the states of Hew York, Hew Jersey and Connecticut, with some local exceptions. The defendants were empowered to issue policies, and as commissions to have thirty per cent of the…

1Opinion of the CourtBradley, J.

There was upon the evidence no controversy of fact, but the questions presented had relation to the legal consequences, as between the parties, of the action of the defendants in inducing and procuring the assured to surrender the plaintiff’s policies of insurance, and to demand a rebate of the premium paid to it. The motive of the defendants for-doing this does not appear further than may be implied from the fact that the defendants also induced B. Hoe & Co., the assured, to take in lieu thereof insurance in the Hartford Steam Boiler Insurance Company, which the defendants then represented.…

2Cited by12 opinions

  1. Prudential Ins. Co. of America v. CrouchDistrict Court, S.D. Indiana · 1985
  2. Hay v. Union Fire InsuranceSupreme Court of North Carolina · 1914
  3. People v. Wacke, New York County Courts1912
  4. Fireman's Fund Insurance v. DavisCourt of Appeals of Georgia · 1930
  5. Schlesinger v. Star Ins. Co. of AmericaSuperior Court of Pennsylvania · 1930

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