Garber v. Firemen's Insurance of Newark

Appellate Terms of the Supreme Court of New York

Garber v. Firemen's Insurance of Newark

167 Misc. 124, 2 N.Y.S.2d 801, 1937 N.Y. Misc. LEXIS 1195

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 10, 1937

StatusPublished

This text of 167 Misc. 124 (Garber v. Firemen's Insurance of Newark) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Garber v. Firemen's Insurance of Newark, 167 Misc. 124, 2 N.Y.S.2d 801, 1937 N.Y. Misc. LEXIS 1195 (N.Y. Ct. App. 1937).

Pincite

Opinion

Smith, J.

Judgment unanimously reversed upon the law, with thirty dollars costs to defendant, complaint appropriate costs in the court below. Defendant’s notice of cancellation, dated September 20, 1935, was effective under the terms of the policy in suit. The mailing of such notice, as established by defendant’s proof, including a post office receipt, raised a presumption of delivery in due course to plaintiff, which the latter failed to rebut. Moreover, it appears from credible evidence in the case that plaintiff actually received due notice of cancellation.

No opinion.

MacCrate and Lewis, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Smith, J.

Judgment unanimously reversed upon the law, with thirty dollars costs to defendant, complaint appropriate costs in the court below. Defendant’s notice of cancellation, dated September 20, 1935, was effective under the terms of the policy in suit. The mailing of such notice, as established by defendant’s proof, including a post office receipt, raised a presumption of delivery in due course to plaintiff, which the latter failed to rebut. Moreover, it appears from credible evidence in the case that plaintiff actually received due notice of cancellation.

No opinion.

MacCrate and Lewis, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

167 Misc. 124, 2 N.Y.S.2d 801, 1937 N.Y. Misc. LEXIS 1195, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garber-v-firemens-insurance-of-newark-nyappterm-1937.