Kimball v. Clinton County New Patrons Fire Relief Ass'n

Appeals from an order of the Supreme Court at Trial Term which granted defendants’ motion, made at the close of the plaintiff’s case, to dismiss the complaint, and from the judgment entered thereon, in an action to recover damages for the destruction of plaintiff’s buildings by fire some nine and one-half months after the stated expiration date of a policy of fire insurance issued thereon by defendant association. The complaint charged (1) that defendants “ failed to notify the plaintiff of any assessment due or any expiration or cancellation of said policy in pursuance of the terms of the…