People v. American Steam-Boiler Ins.
New York Supreme Court
Appeal from judgment on report of referee. Proceeding for the dissolution of the American Steam-Boiler Insurance Company of New York City. A claim against said company was filed by the Gendron Iron Wheel Company. The claim was dismissed, and claimant appeals. A ffirmed.
1Opinion of the CourtParker, J.
An affirmance of the judgment, upon the ground that the claim is barred by the limitation contained in the policy, is required. That the claim was not presented within six months from the termination of the suit against the assured is too clear for questioning. It is only by attempting to read into the provision something which would not have occurred to either of the parties to the contract, but for the neglect to file a claim seasonably, that the claimant is able to present a question for consideration. The American Steam-Boiler Insurance Company insured the claimant against loss or damage,…
2Cases cited1 opinion
- Steen v. . Niagara Fire Insurance CompanyNew York Court of Appeals · 1882
3Cited by1 opinion
- People v. American Steam Boiler InsuranceAppellate Division of the Supreme Court of the State of New York · 1896