Duncan v. New York Mut. Ins.
The Superior Court of the City of New York and Buffalo
Appeal from special term. Action by William B. Duncan, Jr., against the New York Mutual Insurance Company, to set aside the cancellation of a policy of marine insurance. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtMo Adam, J.
Many of the legal principles affecting the rights and liabilities of the parties under the contract of insurance have been settled adversely to the defendant in an action by the plaintiff on a similar policy on the same vessel, issued by the China Mutual Insurance Company. See 14 N. Y. Supp. 301, affirmed 29 N. E. Rep. 76. The new phase now presented is as to the effect of a cancellation of the policy after the loss of the vessel, and before either party knew of the fact. It is manifest that the parties intended to cancel the policy, not from the time of its original delivery, but on and…
2Cases cited9 opinions
- Dexter v. . NortonNew York Court of Appeals · 1871
- Mowatt v. WrightNew York Supreme Court · 1828
- Town of Mentz v. . CookNew York Court of Appeals · 1888
- Ostrander v. . WeberNew York Court of Appeals · 1889
- Kein v. . TupperNew York Court of Appeals · 1873
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3Cited by2 opinions
- Hurst v. Trow's Printing & Bookbinding Co.New York Court of Common Pleas · 1893
- Lane-Lott v. WhiteCourt of Appeals of Mississippi · 2013