Stone v. Franklin Fire Insurance Co. of Boston
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made January 9, 1885, which affirmed a judgment in favor of defendant, entered upon a verdict and affirmed an order denying a motion for a new trial. This action was upon a policy of fire insurance, the substance of which,- as well as the material facts, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made January 9, 1885, which affirmed a judgment in favor of defendant, entered upon a verdict and affirmed an order denying a motion for a new trial. This action was upon a policy of fire insurance, the substance of which,- as well as the material facts, are stated in the opinion. The policy in suit was never legally canceled, as the pro rata unearned premium had never been actually paid or tendered to the assured prior to the occurrence of the loss. (White v. Conn. Ins. Co.,…
1Opinion of the CourtEarl, J.
On or about the 18th day of February, 1881, the defendant issued a policy insuring certain property of the Standard Tinware Company of the city of New York, to the amount of $1,500, for one year from the 16th day of February,. 1881. The policy contained this clause; “ To protect itself against such increase or change of the risk as may not, under the above conditions, render this policy void, the company reserves to itself the right at any time and for any cause to-return the assured the unexpired premium pro rata, which shall have the effect to cancel and annul this policy” And also the…
2Cases cited1 opinion
- Hermann v. Niagara Fire InsururanceNew York Court of Appeals · 1885
3Cited by26 opinions
- Crown Point Iron Co. v. Ætna InsuranceNew York Court of Appeals · 1891
- Boyce v. National Commercial Bank & Trust Co.New York Supreme Court · 1964
- Hamm Realty Co. v. New Hampshire Fire InsuranceSupreme Court of Minnesota · 1900
- Roberta Manufacturing Co. v. Royal Exchange Assurance Co.Supreme Court of North Carolina · 1912
- Warren v. Franklin Fire InsuranceSupreme Court of Iowa · 1913
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