Bates v. Commercial Insurance Companies

These are motions for new trial, reserved here for our consideration. The opinion of the judge at Special Term is found in 1 Superior Court Reporter, 523, in which the findings are all in favor of the plaintiff. The facts are fully stated in the opinion of the court below, and do not need repetition here. The cause has been argued to us, and we have carefully considered the questions made. We are not impressed with the soundness of the defendants’ argument on the questions of “other insurance” and misrepresentation. It was claimed, upon the point of “ other insurance,” that Fuller could not…