Maryland Casualty Co. v. H. A. Moss & Son, Inc.

I cannot agree with Mr. Justice Toy.

We will pass the claims of defendant that the policy was in full force at the time of the accident, because of failure of plaintiff to file notice of termination with the department,Hamberger v. Wolfe-Smith Co., 205 App. Div. 739 (200 N.Y. Supp. 803); or to give notice of termination to defendant; or by reason of estoppel; or otherwise. We will accept the expiration date as July 19, 1930. But acceptance does not mean holding that all contractual liability of plaintiff for compensation of defendant's employees ceased at the expiration date and then was…