Gately-Haire Co. v. . Niagara Fire Ins. Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 5, 1917, modifying and affirming as modified a judgment in favor of plaintiff entered upon an order of Special Term granting a motion by plaintiff for judgment in its favor upon the pleadings. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 5, 1917, modifying and affirming as modified a judgment in favor of plaintiff entered upon an order of Special Term granting a motion by plaintiff for judgment in its favor upon the pleadings. The nature of the action and the facts, so far as material, are stated in the opinion. Nothing but the “request” of the insured communicated to the insurer is required to cancel immediately any fire insurance policy. (Boutwell v. G. & R. F. Ins. Co., 193 N. Y. 323; C. P. Iron Co. v. A.…
1ConcurrenceMcLaughlin, J.
The plaintiff, nine days before the fire occurred, requested the defendant to cancel the policy. The request was in writing, as follows: “ On taking our inventory we find we are carrying more insurance than is necessary. We wish to cancel policy No. 15,997, with the Niagara Fire Insurance Co. of the City of New York for $3,000. This cancellation to take effect at once.” After issue had been joined in the action by the service of the answer each party moved, under section 547 of the Code of Civil Procedure, for judgment on the pleadings. The defendant’s motion was denied and the plaintiff’s…
2Cases cited12 opinions
- Crown Point Iron Co. v. Ætna InsuranceNew York Court of Appeals · 1891
- Colonial City Traction Co. v. Kingston City RailroadNew York Court of Appeals · 1897
- 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
- Parsons v. Northwestern National Ins.Supreme Court of Iowa · 1907
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