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Ray v. Canton Co-operative Fire Ins. Co.

Court of Appeals of the State of New York
Jul 29, 1941
36 N.E.2d 639 (N.Y. 1941)

Opinion

Argued June 12, 1941

Decided July 29, 1941

Appeal from the Supreme Court, Appellate Division, Third Department, MURRAY, J.

Nelson R. Pirnie and Charles B. Sullivan for appellants.

Frank C. Mason and Edward L.P. O'Connor for respondents.


Since the policy in suit was at the times in question in the exclusive possession of the plaintiffs, the defendant companies were not bound by the promise of any of their agents that consent to an assignment thereof to the plaintiffs would be endorsed thereon. ( Greentaner v. Connecticut Fire Ins. Co., 228 N.Y. 388; Truglio v. Zurich General Acc. L. Ins. Co., 247 N.Y. 423. See Mapu v. Agricultural Ins. Co., 244 App. Div. 268.) No estoppel against the defendant companies arose from the circumstance that plaintiffs had at their request submitted estimates of the amount of the loss. ( Draper v. Oswego County Fire Relief Assn., 190 N.Y. 12.)

The judgments should be reversed and the complaint dismissed, with costs in all courts.

LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, LEWIS, CONWAY and DESMOND, JJ., concur.

Judgments reversed, etc.


Summaries of

Ray v. Canton Co-operative Fire Ins. Co.

Court of Appeals of the State of New York
Jul 29, 1941
36 N.E.2d 639 (N.Y. 1941)
Case details for

Ray v. Canton Co-operative Fire Ins. Co.

Case Details

Full title:GEORGE B. RAY et al., Respondents, v. CANTON CO-OPERATIVE FIRE INSURANCE…

Court:Court of Appeals of the State of New York

Date published: Jul 29, 1941

Citations

36 N.E.2d 639 (N.Y. 1941)
36 N.E.2d 639

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