The opinion
Lehman, J. (dissenting).
The defendant’s obligation to pay the adjusted rate concededly depends upon its written agreement. That agreement provides for
“
modification of rates in accordance with the rate manual and rating plans,” etc., but it expressly states that “ such modification, if any, to be expressed by indorsement
naming the effective date
” (italics are mine). It seems to me quite clear that the direction contained in section 31 of the Bating Plan that the
“ carrier
shall make such rates effective for the current policy as of its effective date ” cannot by its own force make the adjusted rates
“
effective for the current policy
as of its effective date
” when the carrier and the employer have by contract expressly provided that the
“ effective date
” of any modification must be expressed by indorsement
naming
such date.
The judgments should be affirmed.
Cardozo, Pound and Andrews, JJ., concur with Crane, J.; Lehman, J., dissents in memorandum, in which His cock, Ch. J., and McLaughlin, J., concur.
Judgment accordingly.