Griffey v. New York Central Insurance
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made the second Tuesday of June, 1883, which denied a motion for a new trial, and directed judgment upon a verdict. (Mem. of decision below, 30 Hun, 299.) This was an action upon a policy of fire insurance issued on the 18th of December, 1878, by which plaintiffs were insured by the defendant against loss by fire, on certain described property.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made the second Tuesday of June, 1883, which denied a motion for a new trial, and directed judgment upon a verdict. (Mem. of decision below, 30 Hun, 299.) This was an action upon a policy of fire insurance issued on the 18th of December, 1878, by which plaintiffs were insured by the defendant against loss by fire, on certain described property. Plaintiffs also held policies of like character issued by other companies, to the amount, including the one in question, of $16,000.…
1Opinion of the Court
Danforth, J..
It may be conceded that the defendants notified the insured before the fire, of a desire to cancel the policy, but there is no evidence that any portion of the unearned premium was paid back; on the contrary, they only proposed to do this after the policy should be returned by the insured.. They had no right to impose that condition, nor could they require the insured to take any step in the matter. The option to cancel was reserved, but to be exercised by “ notice, and refunding a ratable proportion of the premium for the unexpired time ” of the policy. What the defendants did…
2Cases cited13 opinions
- Hoffman v. Ætna Fire InsuranceNew York Court of Appeals · 1865
- Field v. . the Mayor, C. of New-YorkNew York Court of Appeals · 1852
- Washington Fire Insurance v. KellyCourt of Appeals of Maryland · 1870
- Herrman v. . Merchants' Insurance Co.New York Court of Appeals · 1880
- Savage v. . Howard Insurance CompanyNew York Court of Appeals · 1873
8 more not listed; retrieve them via the Exa API.
3Cited by89 opinions
- Seaboard Surety Co. v. Gillette Co.New York Court of Appeals · 1984
- Hartol Products Corp. v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1943
- Alan B. Miller, Trustee in Bankruptcy of American Ibc Corp., Bankrupt v. Wells Fargo Bank International Corp.Court of Appeals for the Second Circuit · 1976
- McNally v. Phœnix InsuranceNew York Court of Appeals · 1893
- Crown Point Iron Co. v. Ætna InsuranceNew York Court of Appeals · 1891
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