Adder Machine Co. v. German Fire Insurance — 226 N.Y. 577

Majority

p. 577

The Adder Machine Company, Respondent, v. German Fire Insurance Company of Peoria, Illinois, Appellant.

Headnote

Adder Machine Co. v. German Fire Ins. Co. of Peoria, Illinois, 176 App. Div. 908 , affirmed.

(Argued March 3, 1919;

decided March 18, 1919.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 30, 1917, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover the amount of unearned premium on a canceled policy

p. 578

of fire insurance issued by the defendant insurance company to the plaintiff. Defendant contended that there was no proof that the policy had been surrendered or offered for surrender to the company.

Arthur C. Mandel and S. J. Rosenblum for appellant.

Herbert M. Simon for respondent.

Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Collin, Cuddeback, Cardozo, Pound, Crane and Andrews, JJ.