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MILLER FARMS, INC. v. SMITH

24 A.D.2d 776 (1965)

Miller Farms, Inc., Respondent-Appellant, v. Richard Smith, Appellant, and Glens Falls Insurance Company, Respondent. (Action No. 1.) Southerntier Tree Farms, Inc., Respondent-Appellant, v. Richard Smith, Appellant, and Glens Falls Insurance Company, Respondent. (Action No. 2.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

October 22, 1965

MEMORANDUM BY THE COURT.

Appellant Smith was an agent of respondent Glens Falls and of other insurance companies as well. He contends that he agreed with plaintiffs to cause certain automotive vehicles and farm equipment to be insured against loss by fire and orally bound the risk. There was no other evidence of an oral binder and no evidence or indication that Glens Falls, rather than some other company, was to become the...

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