The Trustees of the First Baptist Church in Brooklyn v. . the Brooklyn Fire Insurance Company. [Fn(a)]

Summary

The Court affirmed the lower court's judgment, holding that the witness was not competent to define a "permanent policy," that the secretary's out‑of‑court statement was not admissible as principal evidence, that a change in premium terminated the prior continuous‑insurance arrangement requiring a new bargain, and that the jury instructions on the elements of an insurance contract were correct. The concurrence agreed with the result but emphasized the enforceability of a parol renewal agreement.