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.