Summary
finding the next business day rule only applied to "acts to be performed" cases
Summary of this case from Beauty Plus Trading Co. v. Nat'l Union Fire Ins. Co. of PittsburghOpinion
Argued October 22, 1956 —
Decided November 27, 1956.
Appeal from The Superior Court, Law Division.
Before Judges CLAPP, JAYNE and FRANCIS.
Mr. John Warren, Jr., argued the cause for appellant ( Messrs. Parsons, Labrecque, Canzona Combs, attorneys; Mr. Thomas J. Smith, of counsel).
Mr. William T. Wachenfeld argued the cause for respondent ( Messrs Lum, Fairlie Foster, attorneys).
The decision of Judge Larrabee pursuant to which the judgment under review was entered is reported in 39 N.J. Super. 44 ( Law Div. 1956).
We need only emphasize that the statutory limitation appears to us to be as definite and unqualified as if embodied in a written policy and that any such oral insurance agreement, express or implied, which overreaches in duration of time the statutory limitation would be invalid. Cf. National Security Life Casualty Co. v. Davis, 257 S.W.2d 943, 38 A.L.R.2d 764 ( Tex. Sup. Ct. 1953); Lesk v. London Lancashire Indemnity Co., 286 N.Y. 443, 36 N.E.2d 655 ( Ct. App. 1941); Upton v. Travelers' Insurance Co., 178 P. 851, 2 A.L.R. 1597 ( Cal. Sup. Ct. 1919).
The judgment is affirmed.