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Marcus v. Queen Insurance Co.

Decided: January 26, 1938.

GEORGE I. MARCUS, AS TRUSTEE IN BANKRUPTCY OF BERGEN RECREATION CENTRE, PLAINTIFF-APPELLANT,
v.
QUEEN INSURANCE COMPANY OF AMERICA, A CORPORATION, DEFENDANT-RESPONDENT; GEORGE I. MARCUS, AS TRUSTEE IN BANKRUPTCY OF BERGEN RECREATION CENTRE, PLAINTIFF-APPELLANT, V. ROYAL INSURANCE COMPANY, LIMITED, A CORPORATION, DEFENDANT-RESPONDENT



On appeals from the Supreme Court.

For the appellant, Murray Greiman.

For the respondents, Arthur T. Vanderbilt, G. Dixon Speakman and O. Blake Willcox.

Lloyd

The opinion of the court was delivered by

LLOYD, J. These cases were heard by the trial judge, sitting without a jury, on stipulations of the facts. The actions were to recover on policies of insurance insuring against fire

loss and contained the following provision: "This policy shall be canceled at any time at the request of the insured or by the company by giving five days' notice of such cancellation."

By the stipulation it is set forth that in the certificate of incorporation of the insured, which is recorded in the county clerk's office of Bergen county and filed in the office of the secretary of state, the principal office of said corporation is located at 657 Anderson avenue, Cliffside Park, New Jersey, and that the agent in charge thereof and upon whom process could be served is Bernard S. White.

On November 21st, 1935, the companies served on White personally written notices that they elected to cancel the policies and advised that all liability under the policies would absolutely cease five days thereafter, and that the excess of premium, if any, would be refunded upon demand. A fire occurred on December 12th, 1935, and it was for this loss that the actions were brought. The trial judge gave judgments for the defendants and from these judgments the present appeals are taken.

The ground of appeal in each case is that the service of the cancellation notice on White was insufficient to constitute a cancellation of the policies. The General Corporation act of 1896, as amended by chapter 243, laws of 1916, page 507, provides:

"Every corporation heretofore or hereafter organized under the laws of this state and every foreign corporation authorized to transact business in this state, shall maintain a principal office within the State of New Jersey, and an agent in charge of said principal office upon whom process against the corporation may be served."

Section 43C of the act, Comp. Stat., p. 1627, provides:

"Every certificate, report or statement now or hereafter required by any law of this state to be made to any officer or department of this state, or to be published, filed or recorded by any corporation, domestic or foreign, shall in addition to the other matter required by law, set forth the ...


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