14 Daly 237 | New York Court of Common Pleas | 1887
Lead Opinion
Of course if there were no other circumstances in the case except the provision of the policy
I assent to the well-established rule, supported by a long line of authorities, that in the absence of any extrinsic proof the broker is held to be the agent of the assured. But this case presents some facts from which the court below, in view of other dealings of like character between the plaintiff and the brokers, might infer a special agency to collect premiums. The witness Pomroy testified that the plaintiff kept an account with his firm, in which these and other charges were entered; that he had seen that account; that when he paid premiums to plaintiff, it generally got the book of these accounts and put that on the counter and checked them up where they had been paid.
Upon the whole testimony in the case, I think there was some evidence from which a special agency to receive the preihiums might be inferred, and to authorize the finding of the court below on that point. The judgment should be affirmed, with costs.
Concurrence Opinion
I concur in the conclusion that there was sufficient evidence to warrant the justice in finding that the brokers were agents for plaintiff.
Judgment affirmed, with costs.