Crown Point Iron Co. v. Ætna Insurance
New York Court of Appeals
Appeal in each of the above-entitled, actions from an order of the General Term of the Supreme Court in the third judicial department, made July 6, 1889, which reversed a judgment in favor of plaintiff, entered upon the report of a referee. Each action was based on a policy of fire insurance issued by the defendant against whom it was brought, upon a quantity of charcoal belonging to the plaintiff.
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Appeal in each of the above-entitled, actions from an order of the General Term of the Supreme Court in the third judicial department, made July 6, 1889, which reversed a judgment in favor of plaintiff, entered upon the report of a referee. Each action was based on a policy of fire insurance issued by the defendant against whom it was brought, upon a quantity of charcoal belonging to the plaintiff. The defense, aside from a specific denial of certain allegations in the respective complaints, was that prior to the fire the plaintiff surrendered the several policies for cancellation and'…
1Opinion of the CourtYann, J.
The question presented by these appeals is whether the policies were canceled or terminated before the fire occurred.
The statute regulating the cancellation of fire insurance policies provides that “ any * * * corporation transacting the business of fire * * * insurance in this state shall cancel any policy of insurance hereafter issued or renewed at any time by request of the party insured.” (Laws 1880, ch. 110, § 3.)
The command of the statute is clear, and no discretion or option is left to the company. The sole requirement to set the command in motion is a request by the insured, and after…
2Cases cited8 opinions
- Mactier's Administrators v. FrithCourt for the Trial of Impeachments and Correction of Errors · 1830
- Griffey v. New York Central InsuranceNew York Court of Appeals · 1885
- Trevor v. . WoodNew York Court of Appeals · 1867
- Train v. . Holland Purchase Ins. Co.New York Court of Appeals · 1875
- Standard Oil Co. v. . Triumph Insurance Co.New York Court of Appeals · 1876
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3Cited by85 opinions
- Fink v. . FinkNew York Court of Appeals · 1902
- Wilson v. . Lewiston Mill Co.New York Court of Appeals · 1896
- Stiegler v. Eureka Life InsuranceCourt of Appeals of Maryland · 1925
- Spann v. Commercial Standard Ins. Co. of Dallas, Tex.Court of Appeals for the Eighth Circuit · 1936
- Wester v. . Casein Co. of AmericaNew York Court of Appeals · 1912
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