Knox v. Johnson — 33 N.Y.S. 1129

Majority

p. 1129

KNOX, Respondent, v. JOHNSON, Appellant.

(Supreme Court, General Term, Fourth Department.

November, 1894.)

Headnote

Action by J. Theodore Knox against Warner Johnson.

We are of the opinion that the court erred in receiving evidence that the credit was given to defendant. A majority of the court are of the opinion that the court erred in charging that a recovery could be had upon the letter and the standard mortgage clause, and that they amount to a contract between the parties, so that the nlaintiff was entitled to recover the premium on demand. Judgment and order reversed, and new trial ordered, with costs to abide the event.