Schwarzschild & Sulzberger Co. v. Phœnix Insurance
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the Southern District of New York. Writ of error from judgment entered for defendant on a trial to the court without a jury of an action removed from the Supreme Court of the state of New York to the United States Circuit Court for the. Southern District of New York. The action was brought for the recovery of $50,000 on a policy of insurance in the defendant company.
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In Error to the Circuit Court of the United States for the Southern District of New York. Writ of error from judgment entered for defendant on a trial to the court without a jury of an action removed from the Supreme Court of the state of New York to the United States Circuit Court for the. Southern District of New York. The action was brought for the recovery of $50,000 on a policy of insurance in the defendant company. The facts appearing of record and the grounds of the judgment are fully set forth in the opinion of the court below and in its findings of fact and statement of conclusions…
1Opinion of the Court
TOWNSEND, Circuit Judge.
The exceptions herein challenge the correctness of the finding of the trial court that the policy in suit had been canceled at the time of the fire which damaged plaintiff’s property. The provision of the policy relevant to this inquiry is as follows :
“This policy shall be canceled at any time at the request of the insured, or by the company by giving five days’ notice of such cancellation. If this policy shall be canceled as hereinbefore provided, or become void or cease, the premium having been actually paid, the unearned portion shall be returned on surrender of…
2Cases cited2 opinions
- Tisdell v. . New Hampshire Fire Ins. Co.New York Court of Appeals · 1898
- McDermot v. Brooklyn City RailroadNew York Supreme Court · 1894
3Cited by14 opinions
- Taylor v. Insurance Co. of North AmericaSupreme Court of Oklahoma · 1909
- Mangrum & Otter Inc. v. Law Union & Rock Insurance Co.California Supreme Court · 1916
- Summers v. Travelers Ins. Co.Court of Appeals for the Eighth Circuit · 1940
- Harrington v. Bremer County Farmers Mutual Fire InsuranceSupreme Court of Iowa · 1926
- Webb v. Granite State Fire InsuranceMichigan Supreme Court · 1910
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