Tisdell v. . New Hampshire Fire Ins. Co.
New York Court of Appeals
' Appeal from an order of the General Term of the late Superior Court of the city of New York, entered January 12, 1895, and from the judgment entered thereon, reversing a judgment in favor of defendant, entered upon a verdict and granting a new trial. This action was brought by plaintiff, as the surviving partner of the firm of Tisdell & Whittlesey, upon a New York standard fire insurance policy issued by the defendant to the plaintiff’s firm.
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' Appeal from an order of the General Term of the late Superior Court of the city of New York, entered January 12, 1895, and from the judgment entered thereon, reversing a judgment in favor of defendant, entered upon a verdict and granting a new trial. This action was brought by plaintiff, as the surviving partner of the firm of Tisdell & Whittlesey, upon a New York standard fire insurance policy issued by the defendant to the plaintiff’s firm. The facts, so far as material, are stated in the opinions. By the terms of the standard policy of insurance all the underwriter is required to do is…
1Opinion of the CourtBartlett, J.
The question presented on this appeal is no longer an open one in this court. It was decided in the case of Nitsch v. American Central Insurance Company (152 N. Y. 635), affirmed in this court without an opinion.
In that case, as in this one, the question presented was, whether the provision of the Flew York standard policy of fire insurance, relating to the cancellation of a policy at the instance of the company, requires that, in addition to giving the five days’ notice, the company must return or tender the unearned premiums in order to effect a cancellation. The answer was in the…
2Cases cited1 opinion
- Van Valkenburgh v. . Lenox Fire Ins. Co.New York Court of Appeals · 1873
3Cited by38 opinions
- Taylor v. Insurance Co. of North AmericaSupreme Court of Oklahoma · 1909
- Buckley v. Citizens' Insurance Co. of MissouriNew York Court of Appeals · 1907
- Gately-Haire Co. v. . Niagara Fire Ins. Co.New York Court of Appeals · 1917
- German Union Fire Insurance v. Fred G. Clarke Co.Court of Appeals of Maryland · 1911
- Gosch v. Firemen's InsuranceSuperior Court of Pennsylvania · 1907
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