New York Court of Appeals

Benjamin Griffey, Respondents v. the New York Central Insurance Company, Appellant

November 24, 1885100 N.Y. 417

Summary

The Court affirmed the judgment, holding that the policy's assignment prohibition applies only to an absolute assignment of the whole policy and not to a pledge as collateral, that the insurer's cancellation notice must be accompanied by actual refund of the unearned premium and cannot require the insured to return the policy, and that the adequacy of the insured's notice of loss is a factual issue for the jury.