VAN ALLEN v. FARMERS’ JOINT STOCK INS. CO., 64 N.Y. 469 (1876)

CORNELIA VAN ALLEN, Respondent, v. THE FARMERS’ JOINT STOCK INSURANCE COMPANY, Appellant.

Court of Appeals of the State of New York.Submitted February 25, 1876
Decided March 21, 1876

Page 470

D. Pratt for the appellant.

M. Hopkins for the respondent.

Per Curiam.

We think that the charge of the judge that Willetts had a right to waive the provision in the policy requiring the plaintiff to furnish the proofs of loss, was erroneous;

Page 471

and for this reason the judgment must be reversed, and a new trial granted, with costs to abide the event.

All concur.

Judgment reversed.