48 N.Y. 379 | NY | 1872
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At the close of the evidence, the defendant moved for a dismissal of the complaint upon the ground that the defendant only insured the goods of the plaintiff upon the first floor of the building No. 39 Centre street. This motion was denied, and it is upon this point that the question presented for decision arises. No point was made at the trial that the person to whom notice of the change of location of the goods was given was not a proper person for that purpose. It was not suggested that he had not sufficient authority to receive the notice and to act upon it. No such suggestion can now be made. (Beals v. Home Ins.Co.,
An insurance against loss by fire may be made by parol as well as by writing. (Fish v. Cottenet,
The only support of this defence is the position that, when it gave the renewal receipt, the defendant did not intend to make any further insurance. This cannot be sustained without an imputation on its honesty. It knew when it took the premium that something was expected of it. Men do not pay moneys to insurance companies gratuitously, without expectation of benefit or return. It knew, also, that the plaintiff had no property on the first floor to be protected. The only possible alternative is the case claimed by the plaintiff, to wit: that the original contract was understood and intended to be modified by applying the policy to the goods on the upper stories. (Solnies v. The Rutger FireIns. Co., 3 Keyes, 416; Mayor v. Exchange Fire Ins. Co.,
id., 436; Plumb v. Cattaraugus Co.,
The order for a new trial should be reversed, and judgment ordered for the plaintiff upon the verdict, with costs.
All concur.
Order reversed and judgment accordingly. *385