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2 Cai. Cas. 299

Gordon v. Church

New York Supreme Court

Decided February 15, 1805

New York Supreme Court · decided 1805-02-15

Assumpsit on a policy of insurance. The plaintiff and his deceased partner were brokers, and effected the policy in question without naming the party interested, and describing themselves as brokers only by the customary marginal insertion of their names as such. It was, however, generally known, among the underwriters, that this, and several other policies on the same risk, were on account of a charitable association in Scotland, the trustees for whom had given the orders.

Decided 1805-02-15

Per Guriam.

¶1No set-off can be allowed in this case.(a) The suit is on a policy which the plaintiff effected, as a mere trustee, for a charitable society in Scotland, and the case warrants us in concluding this was known to the defendant when he subscribed the policy.

¶2Judgment for the plaintiff.

¶3 See ante, 34, Brown v. Owning, n. (a.)

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