New York Court of Appeals

Peter Boehen and Magdelina Boehen, Respondents v. the Williamsburgh City Insurance Company, Appellant

March 5, 186635 N.Y. 131

Summary

The Court affirmed the lower court's judgment, holding that the renewal certificate was delivered without a condition of prepayment, which creates a presumption of a short credit and therefore waives the policy's express requirement that premium be paid before the insurance becomes binding. The insurance was thus enforceable despite the premium not having been paid.