Smith v. . Glen's Falls Insurance Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court, on trial at Circuit without a jury.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court, on trial at Circuit without a jury. The complaint alleged the issuing of a policy of fire insurance by defendant to one John White and damage to the property by fire; that after such partial loss it was agreed between defendant and the assured, that the latter should surrender the policy to be canceled, and defendants should pay $1,275 and tlie unearned premium, and that the policy was accordingly surrendered and…
1Opinion of the Court
Church, Ch. J.
The judge before whom the action was tried found the facts as stated in the complaint, except that the amount agreed to be paid for the loss was slightly less than the sum stated. The evidence is sufficient to justify the findings, and we cannot review them.
According to the facts thus found, the action is upon a special contract made subsequent to the loss, by which the defendant agreed to pay a specified sum in consideration that the assured would cancel the policy, which he did. If such a contract was made, as we are bound to assume, the objections to the judgment cannot be…
2Cases cited1 opinion
- National Life Ins. Co. v. . MinchNew York Court of Appeals · 1873
3Cited by42 opinions
- Yonkers Fur Dressing Co. v. Royal InsuranceNew York Court of Appeals · 1928
- Stockton Combine Harvester & Agricultural Works v. Glen's Falls Co.California Supreme Court · 1893
- Centennial Mutual Life Ass'n v. ParhamTexas Supreme Court · 1891
- James v. . CowingNew York Court of Appeals · 1880
- Roberts, Willis & Taylor Co. v. Sun Mutual InsuranceCourt of Appeals of Texas · 1896
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