Gately-Haire Co. v. . Niagara Fire Ins. Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 5, 1917, modifying and affirming as modified a judgment in favor of plaintiff entered upon an order of Special Term granting a motion by plaintiff for judgment in its favor upon the pleadings. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 5, 1917, modifying and affirming as modified a judgment in favor of plaintiff entered upon an order of Special Term granting a motion by plaintiff for judgment in its favor upon the pleadings. The nature of the action and the facts, so far as material, are stated in the opinion. Nothing but the “request” of the insured communicated to the insurer is required to cancel immediately any fire insurance policy. (Boutwell v. G. & R. F. Ins. Co., 193 N. Y. 323; C. P. Iron Co. v. A.…
1Opinion of the CourtHogan, J.
The complaint in this action alleged that by a certain policy of insurance, dated May 5th, 1915, the defendant in consideration of a premium to it paid by the' copartnership of Fitch & Hahn, insured said firm against loss or damage by fire on. enumerated personal property for the period of one year. In July, 1915, the plaintiff having purchased from Fitch & Hahn the insured property, the policy of insurance, with the consent of the defendant, was assigned and transferred to the plaintiff. On January 27th, 1916, the property described in the policy was damaged and in part destroyed by fire.…
2Cases cited9 opinions
- Crown Point Iron Co. v. Ætna InsuranceNew York Court of Appeals · 1891
- Buckley v. Citizens' Insurance Co. of MissouriNew York Court of Appeals · 1907
- Tisdell v. . New Hampshire Fire Ins. Co.New York Court of Appeals · 1898
- Parsons v. Northwestern National Ins.Supreme Court of Iowa · 1907
- Hillock v. Traders InsuranceMichigan Supreme Court · 1884
4 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Gram v. Mutual Life InsuranceNew York Court of Appeals · 1950
- State Farm Mutual Automobile Insurance v. PedersonSupreme Court of Virginia · 1947
- Hayes v. Hartford Accident and Indemnity CompanySupreme Court of North Carolina · 1968
- Jackson v. TallmadgeNew York Court of Appeals · 1927
- McCormick v. the Travelers Ins. Co.Missouri Court of Appeals · 1923
29 more not listed; retrieve them via the Exa API.