Majority
p. 589Gately-Haire Company, Incorporated, Respondent, v. The Insurance Company of the State of Pennsylvania, Philadelphia, Appellant. (Argued April 17, 1917; decided July 11, 1917.)
Headnote
Gately-Haire Co., Inc., v. Insurance Co. of the State of Pennsylvania, Philadelphia, 176 App. Div. 921 , reversed.Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 5, 1911, modifying and affirming as modified a judgment in favor of plaintiff entered upon an
p. 590
order of Special Term granting a motion by plaintiff for judgment in its favor upon the pleadings in an action upon a policy of fire insurance. The defense was that the policy sued upon had been canceled by plaintiff’s request in writing to «defendant received before the fire.
Ralph W. Gwinn for appellant.
Franklin M. Danaher for respondent.
Judgment of Appellate Division and Special Term reversed and complaint dismissed, with costs in all courts on opinions of Hogan and McLaughlin, JJ., in Gately-Haire Co. v. Niagara Fire Ins. Co. ( 221 N. Y. 162 .)
Concur: Hiscock, Ch. J., Chase, Hogan, Pound, McLaughlin, Crane and Andrews, JJ.
Cases cited
- Gately-Haire Co. v. Niagara Fire Insurance 221 N. Y. 162 p. 590