Brink v. . Hanover Fire Insurance Company
New York Court of Appeals
This was an action upon a policy of fire insurance upon a stock of goods, in Lexington, North Carolina. By the policy it was required that the assured should “forthwith” give notice to the general agent of the company in the city of New York of any loss, and “as soon, after as possible,” furnish proofs of loss.
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This was an action upon a policy of fire insurance upon a stock of goods, in Lexington, North Carolina. By the policy it was required that the assured should “forthwith” give notice to the general agent of the company in the city of New York of any loss, and “as soon, after as possible,” furnish proofs of loss. A fire occurred November 23, 1865. Plaintiffs notified defendant’s agent, through whom they had received the-policy, on the twenty-fifth, and he at once notified defendant,, who acted upon it by sending an agent to Lexington. Held,, that this was a substantial compliance with the…
1Opinion of the Court
Earl, J.,
reads for reversal and new trial
Allen, Folger and Rapallo, JJ., concur in result for error in the charge; Church, Ch. J., and Miller, J., dissent; Andrews, J., absent.
Judgment reversed.
2Cited by9 opinions
- Brink v. . Hanover Fire Ins. Co.New York Court of Appeals · 1880
- Allen v. Dutchess County Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1904
- Barre v. Council Bluffs InsuranceSupreme Court of Iowa · 1889
- Vining v. Franklin Fire InsuranceMissouri Court of Appeals · 1901
- Security Ins. Co. of New Haven v. DazeyCourt of Appeals for the Seventh Circuit · 1935
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