Duncan v. New York Mutual Insurance
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of ¡New York, entered upon an order made May 2, 1892, which modified and affirmed, as modified, a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was "brought by plaintiff, as assignee of the Steamship Samana Company, Limited, to set aside the cancellation of a policy of insurance issued by defendant, and to recover the amount thereof.
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Appeal from judgment of the General Term of the Superior Court of the city of ¡New York, entered upon an order made May 2, 1892, which modified and affirmed, as modified, a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was "brought by plaintiff, as assignee of the Steamship Samana Company, Limited, to set aside the cancellation of a policy of insurance issued by defendant, and to recover the amount thereof. The facts, so far as materia], are stated in the opinion.
1Opinion of the CourtEarl, J.
The policy of insurance in this case was contemporaneous with the policy issued upon the 'same vessel which was under consideration in the case of Duncan v. China Mutual Insurance Co. (129 N. Y. 237). The two policies were quite similar and the questions of law and fact involved in the two cases were nearly the same, except the facts growing out of the cancellation of the policy in this case, which will now be stated. It was agreed in this policy that the defendant would “ return ¡pro rata premium for every thirty days of unexpired time, if the policy be canceled on arrival.” The policy by…
2Cases cited3 opinions
- Dambmann v. . SchultingNew York Court of Appeals · 1878
- Bunge v. . KoopNew York Court of Appeals · 1872
- Duncan v. China Mutual InsuranceNew York Court of Appeals · 1891
3Cited by13 opinions
- Oscar S. Gray v. American Express CompanyCourt of Appeals for the D.C. Circuit · 1984
- Fageol Truck & Coach Co. v. Pacific Indemnity Co.California Supreme Court · 1941
- Ciokewicz v. Lynn Mutual Fire InsuranceWisconsin Supreme Court · 1933
- Boyd v. Aetna Life InsuranceAppellate Court of Illinois · 1941
- Seidman v. New York Life InsuranceNew York Supreme Court · 1937
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