Van Valkenburgh v. . Lenox Fire Ins. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the eighth judicial district, affirming a judgment in favor of plaintiff, entered upon a verdict. This action was founded upon a policy of insurance issued by the defendant on the 23d of May, 1865, to one George Brown.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the eighth judicial district, affirming a judgment in favor of plaintiff, entered upon a verdict. This action was founded upon a policy of insurance issued by the defendant on the 23d of May, 1865, to one George Brown. The policy was assigned by Brown to the plaintiff on the eleventh day of July, 1865, with the assent of the defendant, and on the 25th of December, 1865, the buildings covered by the policy were destroyed by fire. The court directed a verdict for the plaintiff for the amount of the claim. The facts bearing upon…
1Opinion of the Court
Hunt, C.
The answer of the defendant admits the making and assignment of the policy, and alleges in defence that before the occurrence of the loss by fire (on the 25th of .December) the policy of insurance had been surrendered and canceled, and th e pro rata premium for the un expired term paid to the plaintiff, in pursuance of one of the conditions in the policy of insurance.
The condition referred to is in the following words: “II. This insurance may be terminated at anytime at the request of the assured, in which case the company may retain only the customary short rates for the time the…
2Cited by36 opinions
- Griffey v. New York Central InsuranceNew York Court of Appeals · 1885
- John R. Davis Lumber Co. v. Hartford Fire InsuranceWisconsin Supreme Court · 1897
- Lipman v. Niagara Fire InsuranceNew York Court of Appeals · 1890
- Tisdell v. . New Hampshire Fire Ins. Co.New York Court of Appeals · 1898
- Artificial Ice Co. v. Reciprocal ExchangeSupreme Court of Iowa · 1921
31 more not listed; retrieve them via the Exa API.