Remington Paper Co. v. London Assurance Corp.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Remington Paper Company, from a. judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Jefferson on the 19th day of November, 1893, upon the decision of the court rendered after a, trial at the Jefferson SpecialTerm dismissing the plaintiff’s complaint.
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Appeal by the plaintiff, the Remington Paper Company, from a. judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Jefferson on the 19th day of November, 1893, upon the decision of the court rendered after a, trial at the Jefferson SpecialTerm dismissing the plaintiff’s complaint. The action was brought to set aside arbitration proceedings to determine the amount of a loss by fire, and then to recover the amount of such loss. The total insurance upon the property was $6,600 ; the policy here in question was for $1,650. The fire occurred…
1Opinion of the Court
*221The following is the opinion of Williams, J.:
Williams, J.
The plaintiff claims the award was void and not binding upon plaintiff, because C. II. Remington, as treasurer, had no authority for the plaintiff to make the agreement of submission. This claim, however, is hardly tenable. C. H. Remington claimed at the time that he had authority. He had, at the time, practically the entire management of the business. The president, A. D. Remington, was in Europe. The first vice-president, George P. Folts, was in New York, and paid no attention to the business. The second vice-president, C. R.…
2Cases cited6 opinions
- Fudickar v. . Guardian Mutual Life Ins. Co.New York Court of Appeals · 1875
- Berry v. American Central Insurance Co. of St. LouisNew York Court of Appeals · 1892
- Sweet v. . MorrisonNew York Court of Appeals · 1889
- Allerton v. . AllertonNew York Court of Appeals · 1872
- Perkins v. . GilesNew York Court of Appeals · 1872
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3Cited by1 opinion
- Sterling Spinning & Stamping Works, Inc. v. Chicago Fire and Marine Ins.City of New York Municipal Court · 1930