Worthington v. London Guarantee & Accident Co.

Appellate Terms of the Supreme Court of New York

Worthington v. London Guarantee & Accident Co.

34 Misc. 782, 68 N.Y.S. 1151

CourtAppellate Terms of the Supreme Court of New York

DecidedFebruary 15, 1901

StatusPublished

This text of 34 Misc. 782 (Worthington v. London Guarantee & Accident Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Worthington v. London Guarantee & Accident Co., 34 Misc. 782, 68 N.Y.S. 1151 (N.Y. Ct. App. 1901).

Pincite

Opinion

Per Curiam.

We find no evidence in this case that Hall & Henshaw had authority to represent the defendant in the employment of sub-agents. Nor is there evidence sufficient to establish a ratification. The cases cited by respondent were actions brought by persons insured under policies of insurance, and have no application. If the plaintiff has a claim for commissions or damages, his remedy is against Hall & Henshaw, who employed him, and not against the defendant. The judgment being without evidence to support it, must be reversed.

Present: Andrews, P. J., O’Gorman and Blanchard, JJ.

Judgment reversed and new trial ordered, with costs to appellant to abide event.

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Per Curiam.

We find no evidence in this case that Hall & Henshaw had authority to represent the defendant in the employment of sub-agents. Nor is there evidence sufficient to establish a ratification. The cases cited by respondent were actions brought by persons insured under policies of insurance, and have no application. If the plaintiff has a claim for commissions or damages, his remedy is against Hall & Henshaw, who employed him, and not against the defendant. The judgment being without evidence to support it, must be reversed.

Present: Andrews, P. J., O’Gorman and Blanchard, JJ.

Judgment reversed and new trial ordered, with costs to appellant to abide event.

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Bluebook (online)

34 Misc. 782, 68 N.Y.S. 1151, Counsel Stack Legal Research, https://law.counselstack.com/opinion/worthington-v-london-guarantee-accident-co-nyappterm-1901.