Backus v. Exchange Fire Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs,'Edward W. Backus and- another, from •a judgment of the Supreme Court in favor of the defendant bearing date the 30th day of June, 1897, and entered in the .office of the clerk of the county of New York upon the decision of the. court rendered after a trial before the court without a jury at the New York Trial Term.
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Appeal by the plaintiffs,'Edward W. Backus and- another, from •a judgment of the Supreme Court in favor of the defendant bearing date the 30th day of June, 1897, and entered in the .office of the clerk of the county of New York upon the decision of the. court rendered after a trial before the court without a jury at the New York Trial Term. This action was brought to recover the amount of a policy of fire insurance issued by' the defendant, dated November 2, 1892, and having one year to run, upon property owned by the -plaintiffs which was destroyed by fire in September, 1893.
1Opinion of the Court
Ingraham, J.:
This case was brought on for trial at a Trial Term of the court, a jury" having been waived, upon a stipulation as to the facts, and judgment was directed for. the defendant. The parties agree that the only question at issue is the construction of the provision in the policy relating to a cancellation thereof, and state the question to be as follows: “ The plaintiffs claim that said policy was not canceled by the defendant by the -service of said notice on the plaintiffs, for the reason that same was not accompanied by payment or tender to the -plaintiffs of the unearned premium…
2Cases cited2 opinions
- McDermot v. Brooklyn City RailroadNew York Supreme Court · 1894
- Walthear v. Pennsylvania Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by2 opinions
- Gately-Haire Co. v. . Niagara Fire Ins. Co.New York Court of Appeals · 1917
- Taylor v. Insurance Co. of North AmericaSupreme Court of Oklahoma · 1909