Home/New York Court of Appeals/Degnan v. General Accident, Fire & Life Assurance Corp. of Perth, Scotland

Degnan v. General Accident, Fire & Life Assurance Corp. of Perth, Scotland

116 N.E. 348, 221 N.Y. 484, 1917 N.Y. LEXIS 1330
CourtNew York Court of Appeals
DecidedMay 8, 1917
StatusPublished
Cited by31 cases

This text of 116 N.E. 348 (Degnan v. General Accident, Fire & Life Assurance Corp. of Perth, Scotland) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Degnan v. General Accident, Fire & Life Assurance Corp. of Perth, Scotland, 116 N.E. 348, 221 N.Y. 484, 1917 N.Y. LEXIS 1330 (N.Y. 1917).

Opinion

Per Curiam.

In holding that the complaint was properly dismissed by the Appellate Division, we confine our decision to the action now before us. We leave open the question whether the plaintiff may recover his commissions on the basis of the short rate premium which the defendant failed to exact in canceling the policies. That is not the theory either of the complaint or of the trial. The complaint was framed and the action tried upon the theory that the cancellation was ineffective and that the policies remained in force.

The judgment should be affirmed with costs.

Hiscock, Ch. J., Chase, Hogan, Cardozo, Crane and Andrews, JJ., concur; McLaughlin, J., not sitting.

Judgment affirmed.

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Bluebook (online)
116 N.E. 348, 221 N.Y. 484, 1917 N.Y. LEXIS 1330, Counsel Stack Legal Research, https://law.counselstack.com/opinion/degnan-v-general-accident-fire-life-assurance-corp-of-perth-scotland-ny-1917.