Legal Opinion

Haas v. Fidelity & Deposit Co.

Appellate Terms of the Supreme Court of New York

Decided January 31, 1916Published

Appeal from City Court of New York, Trial Term. Action by David Haas and Sarah Haas, as executors of the last will and testament of Leopold Haas, deceased, against the Fidelity & Deposit Company of Maryland. From a judgment for plaintiffs, and an order denying a motion for new trial, defendant appeals. Reversed, and new trial ordered.

1Opinion of the CourtGavegan, J.

J. This action was brought to recover upon a policy

of insurance issued by the defendant, indemnifying Leopold Haas “for direct loss by burglary, theft, or larceny.”

Plaintiffs alleged that between November 23, 1912, and Christmas week, 1912, three articles belonging to Haas were stolen. During this time Haas was an invalid, and attended by a male nurse named Arnollin. Upon the trial several witnesses were allowed to testify, over the objections of defendant’s counsel, to statements made by Arnollin to them at times subsequent to the time of the alleged theft; such statements tending to show…

2Cases cited1 opinion

  1. Marcus v. Fidelity & Deposit Co.Appellate Division of the Supreme Court of the State of New York · 1914

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