New York Court of Appeals
George Solomon, as Assignee for the Benefit of Creditors of Henry Thoesen, Respondent v. Continental Fire Insurance…
November 21, 1899160 N.Y. 595
Summary
The Court affirmed the judgment, holding that the plaintiff's notice of loss, though delivered fifty days after the fire, satisfied the policy's "immediate notice" requirement because it was given with due diligence and within a reasonable time under the circumstances. The dissent argued the plaintiff failed to exercise reasonable effort and should have the judgment reversed.