C. A. Smith Lumber Co. v. Colonial Assurance Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, C. A. Smith Lumber Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 7th day of December, 1915, upon a dismissal of the complaint by direction of the court at the close of plaintiff’s case.
1Opinion of the Court
Smith, J.:
The plaintiff sues on a fire insurance policy issued by the defendant to recover $1,937.86, representing defendant’s proportion of a loss in excess of a half million dollars. The defense set up in defendant’s answer was that prior to the loss the policy had been canceled by the giving of notice to the insured under a clause contained in the policy.
It appears from the evidence that the plaintiff’s broker requested the Perry Company, which carried on a business of general insurance brokerage, to procure insurance for the plaintiff, and the Perry Company procured the defendant to write…
2Cases cited8 opinions
- Buckley v. Citizens' Insurance Co. of MissouriNew York Court of Appeals · 1907
- Tisdell v. . New Hampshire Fire Ins. Co.New York Court of Appeals · 1898
- Van Valkenburgh v. . Lenox Fire Ins. Co.New York Court of Appeals · 1873
- Wilber v. Williamsburgh City Fire InsuranceNew York Court of Appeals · 1890
- Bini v. SmithAppellate Division of the Supreme Court of the State of New York · 1899
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3Cited by4 opinions
- Hamilton Ridge Lumber Corp. v. Boston InsuranceSupreme Court of South Carolina · 1925
- Musso v. American Lumbermen's Mutual Casualty Co. of IllinoisNew York Supreme Court · 1958
- Soanes v. Empire Blue Cross/Blue ShieldDistrict Court, S.D. New York · 1997
- Bornas v. Standard Accident Insurance Co. of DetroitAppellate Division of the Supreme Court of the State of New York · 1958