
    CORNELIA VAN ALLEN, Plaintiff, v. THE FARMERS’ JOINT STOCK INSURANCE COMPANY, Defendant.
    
      Insurance company—general agent—powers of—Patrol waiver of coriditions, when i policy in terms provides for written waive)'only.
    
    A general agent of an insurance company may waive the performance of a condition inserted in the policy for the benefit of the company. (Ames v. N. Y. Union Ins. Co., 4 Ker., 253; Liddle v. Market Ins. Co., 29 N. Y., 184; Benedict v. Ocean Ins. Co., 31 N. Y., 389; Boehen v. Williamsburgh Ins. Co., 35 id., 131; Bodine v. Exchange Ins. Co., 51 id., 117.)
    A parol waiver of a condition in a policy is good, notwithstanding a provision in the policy that nothing but a written agreement, signed by an officer of the company, shall have that effect. (Parker v. Arctic Ins. Co., 1 N. Y. S. C., 397; affirmed by Court of Appeals.)
    Motion to set aside verdict for plaintiff and for a new trial, upon exceptions ordered to be heard in the first instance at the General Term. The action was upon a policy of insurance against fire.
    
      M. Hopkins, for the plaintiff.
    
      D. Pratt, for the defendant.
   Opinion by

Gilbert, J.

Judgment affirmed.  