Onetto v. Commercial Union Assurance Co.

Appellate Division of the Supreme Court of New York

Onetto v. Commercial Union Assurance Co.

170 A.D. 932, 154 N.Y.S. 1136

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 15, 1915

StatusPublished

This text of 170 A.D. 932 (Onetto v. Commercial Union Assurance Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Onetto v. Commercial Union Assurance Co., 170 A.D. 932, 154 N.Y.S. 1136 (N.Y. Ct. App. 1915).

Pincite

Opinion

Judgment reversed and new trial granted, with costs to appellant to abide event. Held, that the declarations and statements testified to by plaintiff as having been made to him by defendant’s local agent, Stephens, were not admissible in the absence of evidence that said agent, Stephens, had been held out by the defendant as having authority to waive the conditions of the policy requiring the [933]*933making and service oí proofs of loss. All concurred; Lambert, J., not sitting.

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Judgment reversed and new trial granted, with costs to appellant to abide event. Held, that the declarations and statements testified to by plaintiff as having been made to him by defendant’s local agent, Stephens, were not admissible in the absence of evidence that said agent, Stephens, had been held out by the defendant as having authority to waive the conditions of the policy requiring the [933]*933making and service oí proofs of loss. All concurred; Lambert, J., not sitting.

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Bluebook (online)

170 A.D. 932, 154 N.Y.S. 1136, Counsel Stack Legal Research, https://law.counselstack.com/opinion/onetto-v-commercial-union-assurance-co-nyappdiv-1915.