102 N.Y.S. 1127 | N.Y. App. Div. | 1907
This is an action on an assigned claim for fire 'insurance. The assignor of the assignor .of the plaintiff, one Moore, owned the steam dredge Mobile, which was in Savannah harbor. He also owned various other steam dredges. One Thomason, a broker, represented Moore in procuring insurance on his dredges. On the 7th day of January, 1902, Moore, being of the impression that a '§5,000 policy on-the Mobile, issued by the Phoenix Company, had been canceled and that certain policies insuring his steam dredge Fair-play, which was also at Savannah, were void, wrote Thomason among other things: “I wish policies amounting to §10,000 on the Mobile and Fairplay, as §10,000 on each .dredge is- all I care to carry at present. I have one policy now Ho. 2679 Phrenix expiring 6yz19/’02 though ! do not'know, whether this’ has been canceled or not. You have all the other policies. Please send policies to me here as early as possible and inform me when they are placed. * -s * -Would also like to have a memorandum Showing what insurance you have of mine and when expiring.” The testimony of Thomason is' conflicting. He testified both that the records in his office show that a Phoenix policy for §5,000 on the Mobile had been canceled, -leaving according to his