Wilbur v. Stuyvesant Insurance — 248 N.Y. 648

Majority

p. 648

Minna M. Wilbur, Appellant, v. Stuyvesant Insurance Company, Respondent.

Headnote

Insurance (fire) — cancellation — action to recover upon policy of fire insurance — defense of cancellation prior to fire.

Wilbur v. Stuyvesant Ins. Co., 222 App. Div. 714 , affirmed.

(Argued June 19, 1928;

decided July 19, 1928.)

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 11, 1927, unanimously affirming a judgment in favor of defendant entered upon a verdict. The action was to recover upon a policy of fire insurance. The defense was that the policy had been canceled prior to the fire.

J. B. McGowan and William Seidel for appellant.

Edward L. Robertson for respondent.

p. 649

Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Andrews, Lehman, Kellogg and O’Brien, JJ. Not sitting: Crane, J.