Summary
In Young v. Phenix Ins. Co. (61 N.Y. 650) the complaint alleged that proofs of loss were not given within the specified time, and set forth certain facts which tended to show a waiver without, however, stating their effect, and the complaint was held good. By the plaintiff's complaint the defendant was apprised that the plaintiff claimed that he had offered to arbitrate and that the defendant had refused so to do, and thus no legal effect constituted a waiver of arbitration on defendant's part.
Summary of this case from Wilson v. Central Insurance Co., LimitedOpinion
Argued September 19, 1874
Decided January term, 1875
Samuel Hand for the appellant.
N.A. Calkins for the respondents.
LOTT, Ch. C., reads for affirmance.
All concur.
Judgment affirmed.