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Knox v. Johnson

66 N.Y. St. Rep. 870 Court N.Y. Sup. Ct. English

Contents

Majority

p. 870
Theodore Knox, Resp’t, v. Warner Johnson, App’lt.
Sup. Ct., 4 D.,
November, 1894.

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 plaintiff was entitled to recover the premium on demand. Judgment and order reversed, and new trial ordered, with costs to abide the event.