16 Daly 120 | New York Court of Common Pleas | 1890
It is immaterial what our own views might have been upon the main question, if it had arisen here for the first time, because we think we must decide it on clear and unmistakable authority. We can discover no distinction in principle between the case at bar and Walsh v. Insurance Co., 73 N. Y. 5. In that case it was expressly provided in the policy that no officer, agent, or representative of the company should be held to have waived any of the terms and conditions of the policy unless such waiver was indorsed thereon in writing. The court of appeals held that this was a plain